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BookJlA/51________ 



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THE 



SCHOOL LAW 



OF 



WEST VIRGINIA 



iJBitewMwwiaMtiMPgS'' 




Compiled and Usued by 

DEPARTMENT OF FREE SCHOOLS 

M. P. SHAWKEY, State Superintendent 

CHARLESTON 
1915 



THE SCHOOL LAW 



=OF^ 



WEST VIRGINIA ^ 



fu^ 1^ 



Being a complete revision pf Chapter forty -five of the Code 
as amended and re-enacted at the Sessions of the Legis- 
lature of 1908, 1909, 1911, 1913 and 1915, together with the 
provisions of the Constitution relating to education, blank 
forms, instructions, etc. ::::::: J 



PUBLISHED FOR THE USE OF SCHOOL OFFICERS. TEACHERS, 
AND THE PUBLIC GENERALLY. IN COMPLIANCE WITH 
SECTION 126 OF THIS CHAPTER. ::::::: s 



Compiled and issued by 

DEPARTMENT OF SCHOOLS 

M. P. SHAWKEY, STATE SUPERINTENDENT. 
CHARLESTON 



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TRISUNI PKINTIN* CO., CHAOLKTON, «. T&. 



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JUL £3 1915' 



CONSTITUTIONAL PROVISIONS 



RELATING TO THE 



SCHOOL SYSTEM OF WEST VIRGINIA 



AETICLE IV. 



Oath of Office. 

5. Every person elected or appointed to any office, before proceed- 
ing to exercise the authority, or discharge the duties thereof, shall 
make oath or affirmation that he will support the Constitution of the 
United States and the Constitution of this State, and that he will 
faithfully discharge the duties of his said office to the best of his skill 
and judgment ; and no other oath, declaration, or test shall be required 
as a qualification, unless herein otherwise provided. 

Removal from Office. 

6. All officers elected or appointed under this Constitution, may, 
unless in cases herein otherwise provided for, be removed from office 
for official misconduct, imcompetence, neglect of duty, or gross im- 
morality, in such manner as may be prescribed by general laws, and 
unless so removed they shall continue to discharge the duties of their 
respective offices until their successors are elected, or appointed and 

qualified. 

******** 

Legislature to Prescribe Terms of Office. 

8. The Legislature, in cases not provided for in this Constitution, 
shall prescribe, by general laws, the terms of office, powers, duties and 
compensation of all public officers and agents, and the manner in which 
tliey shall be elected, appointed and removed. 



4 School Law of West Virginia. 

AETICLE VIII. 

Districts. 

27. Each county shall be laid off into districts, not less than three 
nor more than ten in number, and as nearly equal as may be in territory 
and population. * * * 

ARTICLE IX. 

County Officers Subject to Indictment. 

4, The presidents of the county courts, the justices of the peace, 
sheriffs, prosecuting attorneys, clerks of the circuit and of the 
county courts, and all other county officers shall be subject to indict- 
ment for malfeasance, misfeasance, or neglect of official duty and on 
conviction thereof, their offices shall become vacant. 

I am IncUned to the opinion that the words "all other county officers," as used 
In this section, include members of boards of education, although they are elected In 
districts. This is by no means clear, however. This section is in force ex propHa 
vigore and needs no additional legislation. — Alfred Caldwell, Attorney-Oeneral. 

AETICLE X. 

Capitation Tax. 

2. The Legislature shall levy an annual capitation tax of one dol- 
lar upon each male inhabitant of the State who has attained the age 
of twenty-one years, which shall be annually appropriated to the sup- 
port of free schools. Persons afflicted with bodily infirmity may be 
eecempted from this tas. 

Power of Legislature to Levy. 

5. The power of taxation of the Legislature shall extend to pro- 
visions for the payment of the State debt, and interest thereon, the 
support of free schools, and the pa}Tnent of the annual estimated ex- 
penses of the State; but whenever any deficiency in the revenue shall 
exist in any year, it shall, at the regular session thereof held next after 
the deficiency occurs, levy a tax for the ensuing year, sufficient with the 
other sources of income, to meet such deficiency, as M^ell as the esti- 
mated expenses tf such year. 



School Law of West Virginia. 5 

County Taxes Not to Exceed What — Debt. 

7. County authorities shall never assess taxes, in any one year, the 
aggregate of which shall exceed ninety-five cents per one hundred dol- 
lars valuation, except for the support of free schools; payment of in- 
debtedness existing at the time of the adoption of this Constitution; 
and for the payment of any indebtedness with the interest thereon, 
created under the succeeding section, unless such assessment, with all 
questions involving the increase of such aggregate, shall have been sub- 
mitted to the vote of the people of the county, and have received three- 
fifths of all the votes cast for and against it. 

See Brannon ts. County Court, 33 W. Va., p. 789, construing this section. 

Bonded Indebtedness. 

8. No county, city, school district, or municipal corporation, except 
in cases where such corporations have already authorized their bonds 
to be issued, shall hereafter be allowed to become indebted, in any 
manner, or for any purpose, to an amount, including existing indebt- 
edness, in the aggregate, exceeding five per centum on the value of 
the taxable property therein to be ascertained by the last assessment 
for State and county taxes, previous to the incurring of such indebt- 
edness ; nor without, at the same time, providing for the collection of a 
direct annual tax, sufficient to pay annually, the interest on such 
debt, and the principal thereof, within, and not exceeding thirty-four 
years; Provided, That no debt shall be centracted under this section, 
unless all questions connected with the same, shall have been first sub- 
mitted to a vote of the people, and have received three-fifths of all the 
votes cast for and against the same. 

AKTICLE XII. 

Legislature to Provide System of Free Schools. 

1. The Legislature shall provide, by general law, for a thorough 
and efficient system of free schools. 

See 4 W. V»., p. 499. 

General Supervision. 

2. The State Superintendent of Free Schools shall have a general 
supervision of free schools, and perform such other duties in relation 



6 School Law of West Vieginia. 

thereto as may be prescribed by law. If in the performance of any 
such duty imposed upon him by the Legislature he shall incur any 
expenses, he shall be reimbursed therefor ; Pi'ovided, The amount does 
not exceed five hundred dollars in any one year. 

County Superintendents. 

3. The Legislature may provide for county superintendents and 
such other officers as may be necessary to carry out the objects of this 
Article and define their duties, powers and compensation. 

School Fund — Board of. 

4. The existing permanent and invested school fund, and all money 
accruing to this State from forfeited, delinquent, waste and unappro- 
priated lands ; and from lands heretofore sold for taxes and purchased 
by the State of Virginia, if hereafter redeemed or sold to others 
than this state ; all grants, devises or bequests that may be made to this 
State, for the purposes of education or where the purposes of such 
grants, devises or bequests are not specified; this State's just share 
of the literary fund of Virginia, whether paid over or otherwise liqui- 
dated; and any sums of money, stocks or property, which this State 
shall have the right to claim from the State of Virginia for educational 
purposes; the proceeds of the estates of persons who may die without 
leaving a will or heir, and of all escheated lands ; the proceeds of any 
taxes that may be levied on the revenues of any corporation ; all moneys 
that may be paid as an equivalent for exemption from military duty; 
and such sums as may from time to time be appropriated by the Legis- 
lature for tlie purpose, shall be set apart as a separate fund, to be 
called the "School Fund," and invested under such regulations as may 
be prescribed by law, in the interest bearing securities of the United 
States, or of this State, or if such interest bearing securities cannot 
be obtained, then said "School Fund" shall be invested in such other 
solvent, interest bearing securities as shall be approved by the Governor, 
Superintendent of Free Schools, Auditor and Treasurer, who are 
hereby constituted the "Board of the School Fund," to manage the 
same mider such regulations as may be prescribed by law; and the 
interest thereof shall be annually applied to the support of free schools 
throughout the State, and to no other purpose whatever. But any 
portion of said interest remaining unexpended at the close of the fiscal 
year shall be added to and remain a part of the capital of the "School 
Fund ;" Provided, That all taxes which shall be received by the State 



School Law of West Virginia. 7 

upon delinquent lands, except the taxes due to tlie State thereon, shall 
be refunded to the county or district by or for which the same were 
levied. 

School Fund Amendment. 

Ratified at the General Election in November, 1902. (See Joint Resolution No*. 
11, Acts 1901, p. 465.) 

The accumulation of the school fund provided for in section four 
of article twelve, of the Constitution of this State, shall cease upon the 
adoption of this amendment, and all money to the credit of said fund 
over one million of dollars, together with the interest on said fund^ 
shall be used for the support of the free schools of this State. AU^ 
money and taxes heretofore payable into the treasury under the pro- 
vision of the said section four, to the credit of the school fund, shall be- 
hereafter paid into the treasury to the credit of the general school 
fund for the support of the free schools of the state. 

Legislature to Provide for Free Schools. 

5. The Legislature shall provide for the support of free schools by 
appropriating thereto the interest of the invested "School Fund," the- 
net proceeds of all forfeitures and fines accruing to this State under 
the laws thereof ; the State capitation tax, and by general taxation of 
persons and property or otherwise. It shall also provide for raising 
in each county or district, by the authority of the people thereof, such 
a proportion of the amount required for the support of free school* 
therein as shall be prescribed by general laws. 

Districts. 

6. The school districts into wliich any county is now divided shall 
continue until changed in pursuance of law. 

Levies to he Eeported to Clcrlx of County Court. 

7. All levies that may be laid by any comity or district for the pur- 
pose of free schools shall be reported to the clerk of the county court, 
and shall, under such regulations as may be prescribed by law, be col- 
lected by the sheriff, or other collector, who shall make annual settle- 
ment with the county court; which settlements shall be made a 
matter of record by the clerk thereof, in a book to be kept for that 
purpose. 



8 School Law of West Yieginia. 

White and Colored Pupils. 

8. White and colored persons shall not be taught in the same school. 

School Officers not to he Interested in Sale of Books. 

9. No person connected with the free school system of the State, 
or with any educational institution of any name or grade under State 
control, shall be interested in the sale, proceeds or profits of any book 
or other thing used, or to be used therein, under such penalties as may 
be prescribed by law: Provided, That nothing herein shall be con- 
strued to apply to any work written, or thing invented, by such person. 

Independent Districts. 

10. No independent free school district, Or organization shall here- 
after be created, except with the consent of the school district or dis- 
tricts out of which the same is to be created, expressed by a majority 
•of the voters voting on the question. 

Normal Schools. 

11. No appropriation shall hereafter be made to any State normal 
school, or branch thereof, except to those already established and in 
operation, or now chartered. 

Legislature to Encourage Improvements. 

12. The Legislature shall foster and encourage moral, intellectual, 
scientific and agricultural improvement; it shall, whenever it may be 
practicable, make suitable provision for the blind, mute and insane, 
and for the organisation of such institutions of learning as the best 
interests of general education in the State may demand. 



THE SCHOOL LAW 



CHAPTER XLV. OF THE CODE. 



School Year. 



Sec. 1. The school year shall begin on the first day of July and 
end on the thirtieth day of June, and all reports, accounts and settle- 
ments respecting the free schools shall be made with reference to the 
school year. 

School Districts. 

Sec. 2. Every magisterial district in each of the counties of the 
State shall be a school district, which shall be divided into such number 
of sub-districts as may be necessary for the convenience of the free 
schools therein. The present districts and sub-districts shall remain 
until changed in the manner prescribed by law. 

BOAED OF EDUCATION. 

Hoiv Constituted — Election — Term. 

Sec. 3. In each district there shall be a board of education consist- 
ing of a president and two school commissioners elected by the voters 
thereof. One commissioner shall be elected at the general election 
held on the Tuesday after the first Monday in November, one thou- 
sand nine hundred and sixteen, and one commissioner every two years 
thereafter ; and the president at the general election held in one thou- 
sand nine hundred and eighteen, and every four years thereafter. Their 
terms of office shall commence on the first day of July next after their 
election, and they shall each continue in office for four years, and 
until their successors are elected or appointed and qualified according 
to law; provided, that in any such district in which there is located a 
city, not an independent school district, with a population of more 
than ten thousand inhabitants as shovm by the last decennial census, 
the board of education shall consist of five members, and the county 



10 School Law of West Vieginia. 

supermtendent of schools of the comity in which any such district is 
located shall immediately after the first day of July, one thousand nine 
hundred and fifteen, appoint two additional members who shall hold 
office until the election held in one thousand nine hundred and six- 
teen, and who together with the three members now provided by law 
shall constitute the board of education of such district. At the election 
to be held in November, one thousand nine hundred and sixteen, there 
shall be elected in such district three commissioners, two of whom shall 
enter upon their office as soon as the result of the election is declared 
and shall continue in office for the term of four years from the first 
day of July, one thousand nine hundred and seventeen, and every 
four years after said election in one thousand nine hundred and six- 
teen there shall be elected three commissioners of said board instead 
of one as now provided. 

Tie in Vote. 

Sec. 4. In case of a tie in the vote for members of the board of 
education, the county superintendent of free schools shall give the 
casting vote. 

Vacancy. 

Sec. 5. Any member of any board of education who shall be em- 
ployed to teach in his district shall vacate his office. 

Vacancies in the board of education shall be filled by the county 
superintendent of free schools, until the next general election. 

Oath of Menibers. 

Sec. 6. Every president and commissioner of the board of educa- 
tion elected within this State shall within ten days after his election 
has been duly declared, qualify as such by taking and subscribing be- 
fore some one duly authorized to administer oaths within his county, 
the oath of office prescribed by section five of article four of the 
constitution, which oath shall be filed with the secretary of the board 
of education of his district. 

A Corporation. 

Sec. 7. The board of education of each district, and independent 
school district shall be a corporation by the name of "The board of 



School Law of West Virginia. 11 

education of the district or independent district of in the 

county of ," and as such may sue and be sued, plead 

and be impleaded, contract and be contracted with ; and shall succeed 
and be substituted to all the rights of tlie former district boards of 
education; and may prosecute and maintain any and all suits and 
proceedings now pending or which might have been brought and prose- 
cuted in the name of any such former board of education for the re- 
covery of any money or property or damage to any property due to or 
vested in such former board, and shall also be liable in its corporate 
capacity for all claims legally existing against the board of education 
of which it is successor. 

Service of Process. 

Sec, 8. Process and notice may be served on said corporation by 
delivering a copy thereof to the secretary or any member of the board. 
Said board shall receive, hold and dispose of according to the rules of 
law, and the intent of the instrument conferring title, any gift, grant, 
devise or bequest made for the use of any free school or schools under 
their jurisdiction, and, without any transfer or conveyance, shall be 
deemed tlie owner of the real estate and personal property of their 
district, and the title of all such lands as have been in the actual pos- 
session of any board of education for the last five years, and are still 
in such possession and not otherwise claimed, is hereby vested in the 
board of education of the district in which such lands are situated, 
to be held and used for free school purposes, and none other. The 
board of education shall hereafter, whenever possible, obtain a general 
warranty deed for all school sites. 

Property Exempt From Execution. 

Sec. 9. All school houses, school house sites and other property 
belonging to any board of education and used for school purposes 
shall be exempt from execution or other process, and free from lien 
or distress for taxes or county levies. 

Scliool Lands — Preamble. 

AVher]'1\s, It is represented to the legislature that, prior to the in- 
troduction of the present free school system, many lots or small pieces 
of land were donated or purchased, and the title thereof, legal or 
equitable, vested in trustees with the view of erecting thereon build- 



12 School Law op West Vieginia. 

ings designed exclusively for educational purposes, and that they were 
used for such purposes many years prior to the formation of the State, 
and are still used or claimed by the boards of education in the various 
school districts in many of the counties of the State, and that said 
trustees in many cases have departed this life or left the State, and 
others since the introduction of the free school system have declined 
to act or take any interest in, or control over, such lands ; therefore. 

Be it enacted hy the Legislature of West Virginia: 

Title To, in Whom Vested. 

Sec. 9a. I. That the title of all such lands be, and the same is 
hereby vested in the board of education of the school district in which 
such lands as have been in the actual possession of the board of educa- 
tion for the last five years, and are still in such possession and not 
otherwise claimed, may be, and their successors in office to be held and 
used for free school purposes, and none other. 

Sale or Conveyance. 

Sec. 9a. II. If from any cause the board of education of the 
school district in which any such land may lie, shall be of the opin- 
ion that the interest and convenience of the schools of such district 
will be promoted by the sale of any such lands, they may sell and con- 
vey the same, and use the proceeds of such sales in the purchase of 
other lands and the erection or repair of other buildings to be used 
and held for free school purposes, as in other cases. 

Property to he Inspected—May Be Sold. 

Sec. 10. The president of the board of education of every district 
and independent district shall at least once a year, examine all the 
school houses now constructed or in process of construction and all 
school sites in the district and report the condition of the same to the 
board of education; and such as are in the judgment of the board, 
properly located and are suitable or can with reasonable expense be 
rendered so, shall be retained, and the remainder with the consent 
of the county superintendent, as to districts, shall be sold at public 
auction to the highest responsible bidder, by the board of education on 
proper legal notice and on such terms of sale as the board may order, 
and the proceeds shall be added to the building fund. 



School Law of West Virginia. 13 

Have General Control of Schools — May Change Sub-district Lines. 

Sec. 11. The board of education shall have general control and su- 
pervision of the schools and school interests of their district^, except 
as herein otherwise provided; and they shall determine the number 
and location of the schools to be taught; establish graded schools, 
when necessary, and, as hereinafter provided, establish high schools, if 
necessary, change the boundaries of their sub-districts, and increase 
and diminish the number thereof, having due regard to the school 
houses already built, or sites procured, assigning, if practicable, to each 
sub-district not less than forty youths between the ages of six and twen- 
ty-one years : and shall define and enter of record in their minute book 
the boundaries of the several districts and sub-districts; provided, 
that no school shall be maintained in any district for fewer than ten 
pupils in regular attendance, and the board of education shall, at their 
first annual meeting to be held on the first Monday of July, ascertain 
from official records Avhat school or schools, if any, in their district, 
had an average daily attendance during the school term next preced- 
ing of less than ten pupils and they shall thereupon, or as soon there- 
after as may be, declare any such school or schools closed, and they 
shall enter such action as matter of record in the minutes of the secre- 
tary; and, provided, that, if during any school term, any school falls 
below an average of ten in daily attendance for two successive months 
said board shall close such school and the teacher thereof shall receive 
no further salary as teacher of such school; and, provided, that the 
pupils of any school, which shall be closed by the board in the manner 
just provided, shall have the privilege of attending any other school 
in the same district or im an adjoining district or independent district, 
as the board may direct, and the board shall pay their tuition in such 
school, in the manner otherwise provided by law for the transfer of 
pupils; and, provided, further, that whenever any child or group of 
children of school age shall, by reason of this act or for any cause what- 
soever, be without opportunity to attend a free school as provided by 
law, within two miles of their homes by the shortest traveled road or 
path, the board of education may employ such means as may seem 
best to them to provide educational advantages to such child or group 
of children, and may expend for such purp®se an amount not to exceed 
the proportion of all the school funds of the district, which the num- 
ber of such children bears to the whole number of children enumerated 
in the district, such expenditure to be made under such rules and regu- 
lations thereto as the board may make. 



14 School Law of West Virginia. 

Appeal to County Superintendent. 

Sec. 13. Any 'person aggrieved by any action of the board of educa- 
tion, in changing the boundaries of a sub-district, or in increasing or 
diminishing the number of the sub-districts in his district under the 
preceding section, may appeal therefrom to the county superintendent 
of schools. 

Every such person shall present to the county superintendent his 
petition signed by himself and at least five others residents of the sub- 
district, stating the action of the board complained of and the grounds 
of appeal; and the county superintendent shall thereupon fix a time 
and place for the hearing of the appeal, and cause notice thereof to be 
served upon the secretary or any member of the board of education, at 
least five days before the hearing. 

If upon hearing the proofs and allegations of the parties the county 
superintendent be of the opinion that the action of the board com- 
plained of was improper he shall reverse or correct it; otherwise the 
said action shall be affirmed, but any person aggrieved by any action of 
the county superintendent upon said appeal may appeal to the circuit 
court of the county. 

Miist Provide Sites and Buildings and Furniture, Etc. 

Sec. 13. The board of education of every district shall provide by 
purchase, condemnation, leasing, building or otherwise, suitable school 
houses, and grounds in their districts, in such locations as will best 
accommodate the pupils thereof, and improve such grounds and pro- 
vide such furniture, fixtures, and apparatus for the said school houses, 
as the comfort, health, cleanliness and convenience of the pupils may 
require, and keep such grounds, school houses, furniture, fixtures, and 
apparatus in good order and repair, but no board of education may 
purchase school apparatus of any kind without the advice and consent 
of the county superintendent first had in writing. 

Approval of Location and Plans by County Superintendent. 

Sec. 14. In the construction of school houses the board of educa- 
tion of each district shall have regard to economy, convenience and 
durability of structure and the health and comfort of pupils, and no 
such school house shall be constructed until the location and plan there- 
of have first been approved by the county superintendent, and in the 



School Law of West Virginia. 15 

event the board of education cannot agree upon plans or location, tlie 
county superintendent shall select the- plans and location for such 
house. 

May Condemn Lands for School Sites. 

Sec. 15. If the owner or owners refuse to sell any land selected 
by a board of education or a county superintendent as a location for 
a school house and necessary buildings, or for enlarging a school house 
lot, or demand an unreasonable price therefor, or if the owner is nan 
compos mentis, a femmc couverte, a minor, or a non-resident, the board 
of education may petition tlie circuit court to have such land con- 
demned and such proceeding shall thereupon be had in the name of 
such board for the condemnation thereof, as provided for in chapter 
forty-two of the Code; 'provided, that the land so taken shall not ex- 
ceed in quantity two acres. 

Schools to he Taught. 

Sec. 16. The board of education shall cause to be taught in every 
sub-district of their district by a teacher or teachers of temperate 
habits and good morals a sufficient number of free schools for the in- 
struction of the persons entitled to attend the same, and should the 
trustees of any sub-district neglect or fail to employ a teacher, or 
teachers, as hereinafter authorized, for their sub-district, upon com- 
plaint tliereof by any three patrons of said school it shall be the duty 
of the board of education to do so. 

May Discontinue Schools. 

Sec. 17. If at the end of any month, of school the average daily 
attendance for that month has been less than thirty-five per cent, of the 
whole number of pupils enumerated in that sub-district, the board of 
education may dismiss the teacher and discontinue the school, and 
the teacher shall not be entitled to or receive any further salary. 

May Provide Buildings Jointly. 

Sec. 18. Boards of education in adjoining districts may jointly 
provide for the construction of school houses and the teaching of school 
therein for tlie accommodation of pupils in adjoining portions of 
districts whether in the same or different coimties who may be better 



16 School Law of West Vieginia. 

accommodated by such "imion of schools. The title of such houses shall 
be Tested in the board of education of the district in which the houses 
are located, and the terms of the agreement shall be reduced to writing 
and entered of record in the minutes of the respective boards. Such 
school houses shall be provided with furniture, fixtures and such other 
apparatus as are supplied to school houses generall}'', and an equitable 
amount of the cost thereof shall be assessed to each district interested, 
by the respective boards of education. 

Bond Required From Contractors. 

Sec. 19. Boards of education shall in all cases require persons en- 
tering into contract for the building or repairing of school houses 
where the contract price exceeds fifty dollars, to execute bond, with 
approved security in double the amount of the contract price. 

Vote on School Levy. 

Sec. 20. The ballots used at the election for county superintendent 
hereinafter provided for, shall have printed at the bottom of each 
ticket, in separate lines, "For school levy," and "Against school levy,'' 
and the voter in preparing his ballot shall, if he desires to vote for 
school lievy, erase from the ticket which he intends to vote the words 
"Against school levy," or if he desires to vote against school levy, he 
shall erase therefrom the words "For school levy." 

Levies. 

Sec. 21. If a majority of the ballots cast upon the question of lay- 
ing a levy in the district or independent district have written or 
printed thereon "For school levy," it shall be the duty of the board of 
education of such district or independent district at a meeting to be 
held on the second Tuesday in August, to ascertain the condition of 
the fiscal affairs of the district, and make up an itemized statement 
thereof which shall set forth in detail : 

(a) The separate amounts due the building fund and teachers' 
fund of the district, and the amounts that will become due thereto and 
collectible during the current fiscal year, from every source, including 
the amount to be received from the general school fund, but excepting 
the amount that will be produced by th@ levy of taxes to be made for 
the year; 



School Law of West Virginia. 17 

(b) The debts and demands owed by the district, and the debts 
and demands that will become due and payable during the current 
fiscal year, including interest on any indebtedness, funded or bonded or 
otherwise, distinguishing between those payable out of the building 
fund and those payable out of the teachers' fund ; 

(c) All other expenditures, under the several heads of expendi- 
tures, to be made and payable out of the funds of the district for the 
current fiscal year, distinguishing between those payable out of the 
building fund and those payable out of the teachers' fund, and includ- 
ing the cost of collection of taxes and other claims, with proper allow- 
ances for delinquent taxes and contingencies. Said statement shall 
also set forth the separate amounts necessary to be raised for each of 
said fimds by the levy of taxes for the current fiscal year, and the pro- 
posed rates of levy of taxes, in cents on each one hundred dollars of 
assessed value, on the taxable property of the district for each of said 
funds; and also the aggregate of the taxable property of the district, 
stating separately the assessed value of personal property, of real 
estate, and of the property assessed by the board of public works, A 
copy of such statement duly certified by the secretary of the board- 
shall before the next meeting of the board be printed once in two- 
newspapers of opposite politics in the county, if there be two such, 
newspapers of general circulation in the county. The session shall' 
then stand adjourned until the fourth Tuesday in August, at which 
tmie it shall convene; and it shall then be the duty of said board to 
hear and consider any objections made orally or in writing, by the- 
prosecuting attorney, by the state tax commissioner or his representa- 
tive, or by any taxpayer of the county to said estimate and proposed* 
levy, or any item thereof. It shall be the duty of the board to enter 
an order of record showing the objections so made, setting forth the- 
reasons and grounds for such objections. But the failure of any officer 
or taxpayer to offer objection as herein provided shall not preclude- 
him from pursuing any legal remedy necessary to correct anv levy 
laid by said board. After said objections have been made and heard, 
the board shall tliereupon reconsider the proposed original estimate- 
and proposed rate of levy : and if the objections thereto or anv part-- 
thereof appear to be well taken, the board shall correct the same ac- 
cordingly and it shall thereupon be approved and when approved- 
shall, with the order approving it. be entered by the secretary in the- 
record book of proceedings. The board shall thereupon levy as many 
cents on each one hundred dollars of the assessed valuation of the- 
property of the district, according to the last assessment thereof, as 



18 School Law or West Vieginia. 

will produce the amount shown by the said statement necessary to be 
raised for the building fund, and levy in like manner the amount 
necessary, after deducting the sum receivable from the general school 
fund, for the teachers' fund to continue the schools in such district for 
the term of six months or for a longer term where such may be estab- 
lished by or according to law; provided, first, that the levy for the 
building fund shall not exceed fifteen cents on each one hundred dollars 
of said valuation, nor exceed thirty cents on each hundred dollars of 
said valuation for the teachers' fund; provided, second, that if said 
maximum levies hereinbefore authorized, shall not produce sufficient 
money, with the other sources of revenue, including any balance to 
the credit thereof in the hands of the treasurer, and the amount of 
general school fund apportioned to the district, to pay the salaries of 
the necessary number of teachers at the minimum rate of salary fixed 
by law for the schools of the district for the term of six months, it 
shall be the duty of the state superintendent of free schools to deposit 
with the treasurer of the board of education to the credit of the teach- 
ers' fund a sulficient amount to make up said deficiency, and the said 
state superintendent of free schools is authorized to withhold from 
the distribution made on the per capita basis, a sufficient amount of 
the general school fund not to exceed in any one year seventy-five thou- 
sand dollars for this purpose; provided, third, that in any magis- 
terial or independent district of the state a levy of fifteen cents 
on the one hundred dollars for the building fund is not sufficient to 
meet all the outlay for necessary expenses for the school year properly 
chargeable to the building fund, such as repairs, fuel, janitor service 
and institute per diem, and not including the purchase of land or the 
erection of new buildings, then it shall be the duty of the state super- 
intendent to make requisition upon the auditor for a sufficient sum 
out of the general school fund, not exceeding fifteen thousand dollars 
in any one year, for the purpose of supplementing the building fund of 
districts entitled to such assistance. The state superintendent before 
making requisition on the auditor for the supplementary aid herein 
provided for, for the teachers' and the building fund, shall inform him- 
self of the conditions existing in such districts as seek aid and shall 
require a financial statement and affidavits concerning the same from 
all boards of education asking for help. Any balance of the general 
school fund withheld from the per capita distribution for such dis- 
tricts, as aforesaid, in any year, shall revert to said fund at the close 
of the year; provided, fourth, that in any district or independent dis- 
trict which cbntains an incorporated city or town where a graded or 



School Law of West Vieginia. 19 

high school is maintained, which is continued for a longer period than 
six months, the board of education shall have authority to lay a levy 
in addition to the levies above specified sufficient for all purposes to 
conduct the schools of said city or town for the term fixed; provided, 
fifth; that in any other district where all the sources of revenue here- 
inbefore provided for including the apportionment to the district of 
the general school fund and of the amount withheld from the general 
school fund by the state superintendent as supplementary aid to dis- 
tricts will not provide for minimum salaries to a sufficient number of 
teachers to teach all the schools in the district for the minimimi term 
of six months, it shall be the duty of the board of education to lay an 
additional levy not to exceed five cents on each one hundred dollars 
of the assessed valuation to make up such deficiency in the teachers' 
fund; provided, sixth, that if the board of education of any district, 
or independent district, maintains a lawfully established high school, 
or maintains such high school in connection with one or more other dis- 
tricts, the board of such district, or boards of districts where the high 
school is jointly maintained, may levy for the support of said high 
school, in any one year, not to exceed ten cents on each one hundred 
dollars valuation of the property of the district, or districts. 



Sep Appendix A for law passed In 1915 providing for special debt levy and other 
provisions concerning the rates and manner of la.ving levies. 

Additional Levy. 

Sec. 22. If any board of education be of the opinion that the maxi- 
mum rate of levy of taxes hereinbefore named will not produce suffi- 
cient funds for the current fiscal year to cover the expenditures for the 
year in its school district, it may enter an order on its record book 
of proceedings setting forth the purposes for which additional funds 
will be needed, the amount thereof for each purpose, and the total 
thereof, the aggregate amount of the taxable property on which it is 
authorized to levy taxes and the rate of levy in cents on each one hun- 
dred dollars of valuation of such property necessary to produce the 
additional amount estimated to be needed; and in the same order 
submit to the voters of the school district, at an election therefor, the 
question of such additional levy. If a majority of the votes cast on 
the question at such election be in favor of such additional levy, the 
board shall have authority to make such additional levy, but the same 
shall not exceed twenty cents on each one hundred dollars of valuation 
of the taxable property m the school districts, according to the last 
assessment thereof : provided, that if a»y school or independent school 



20 School Law of West Vieginia. 

district create in the future a bonded indebtedness according to law, 
and the board of education be of opinion that the maximuna rate of 
levy provided in section twenty-one will not produce sufficient funds 
to pay the interest on such bonded indebtedness and provide a sinking 
fund for the discharge of the principal in the number of years author- 
ized by the issue of the bonds, it may enter an order on its record book 
of proceedings setting forth the maximum rate of levy necessary in 
each year to pay the interest and to provide such sinking fund; and 
in the same order submit to the voters of the district at the election 
held for the purpose of authorizing the bond issue, the question of 
such levy. At such election there shall be printed on the ticket a 
brief statement of the levy herein provided for, such as, "To authorize 

a maximum special bond levy of cents according to the 

order of — entered on the day of 

to pay the interest and provide a sinking fund for the discharge of 
the bonds now being voted upon." And directly underneath in two 
separate lines shall be printed the words, "For the levy" and "Against 
liie levy." In all respects the provisions of the laws concerning general 
elections, and elections under the provisions of this act, shall apply 
to such election as far as they are practicable. If a majority of the 
v#tes cast at such election be in favor of such levy, the board shall 
have authority to lay such maximum lev}^, and may continue to lay 
the same, or such portion thereof as is necessar}^ froia year to year, 
without an additional vote, until such bonded indebtedness is paid off 
an'd discharged ; but the funds arising from such levy shall be used for 
the purpose herein designated and no other. 

Hoiv Elections Herein Autliorized Shall Be Held. 

Sec. 23. The election authorized in section twenty- two may be 
held at any general election, or at any special election held for any 
other purpose, as well as held separately. jSTotice thereof, however, 
shall be given by the publication of the order of the board calling the 
same, in two newspapers of general circulation in the territory in 
which the election is held, and of opposite politics, at least once in each 
week for two successive weeks before the election, and printed copies 
of said order shall be posted at each place of voting at least- ten days 
before the election. If there be only one such newspaper published 
in the county, the publication shall be made tlierein. All the pro- 
visions of the laws concerning general elections shall apply to such 
election as far as they are practicable, except as follows: A separate 
ticket shall be used at such election held in connection with any other 



School Law of West Virginia. 21 

election. On such ticket sliall be printed a brief statement of the 

question submitted, such as "Special election to authorize levy 

of cents, according to the order of the day of ;" 

and directly underneath, in two separate lines, shall be printed the 
words "For the levy," and "Against the levy." Those favoring the 
levy shall erase the words "Against the levy" and those opposed there- 
to shall erase the words "For the levy." If a majority of those voting 
on the question be in favor of the levy the said board shall be author- 
ized to lay the same ; but if a majority of the votes cast on the question 
be not in favor of such levy, it shall not be laid. The secretary of the 
board shall procure and furnish to the election commissioners at each 
place of voting the tickets, poll books, tally sheets, and other things 
needed. 

Special Debt Levy — Provisions as to Certain Funds. 

*Sec. 24. If any school district or any independent school district 
have outstanding unpaid orders on the treasury thereof, or owe other 
floating indebtedness, which orders were issued or which indebtedness 
was incurred previous to the first day of January in the year nineteen 
hundred and eight the amount whereof is so considerable that it is 
impracticable to discharge the same out of the proceeds of the regular 
levy, and the board of education deem it inadvisable to submit to the 
voters of the district the question of an additional levy as provided 
ia section twenty-two, the board may lay a levy in addition to said 
regular levy to be called "Special debt levy," not exceeding ten cents 
on each hundred dollars of the valuation of the taxable property of 
the district according to the last assessment of such property, and con- 
tinue such levy for as many years as may be necessary to pay off such 
debt, but not longer. The net amount produced by any such levy, 
or by any additional levy authorized by section twenty-two, shall not 
be used for any other purpose, as to such special debt levy than for 
the payment of such debt, or as to such additional levy for the purpose 
or purposes named in the order submitting the question to the voters. 
The treasurer of each of such funds shall keep an accurate account of 
the same separately from other funds. If after paying off such debts 
or effecting the object of said additional levy or of said special levy, any 
balance remains of any said funds the same shall, first revert to the 
sinking fund of the district or independent school district, or secondly, 
if there be no such sinking fund, it shall revert to the teachers' fund. 

♦See Appendix A for law passed in '4915 providing for special debt levy and 
other provisions concerning the rates and manner of laying levies. 



22 School Law of West Vieginia. 

Certain Acts Prohibited — Penalties. 

*Sec. 25, It shall be unlawful for any board of education to expend 
ajQy money or to incur any obligation or indebtedness which such 
tribunal is not expressly authorized by law to expend or to incur. 
Nor shall any such tribunal make any contract, express or implied, the 
performance of which, in whole or in part, would involve the expen- 
diture of money in excess of funds legally at the disposal of such tri- 
bunal, issue or authorize to be issued any certificate, order or other 
evidence of indebtedness which cannot be paid out of the levy for the 
current year or out of the fund against which it is issued. Nor shall 
any such tribunal attempt to lay any such levy the rate whereof shall 
exceed the rate specified by this act. 

Any member of any such tribunal, or an}^ officer or person, who 
in violation of any of the provisions of this act shall expend any 
money or incur any debt or obligation, make or participate in the 
making of any such contract, or be a party thereto in any official 
capacity, or issue or cause to be issued any such certificate, order 
or other evidence of indebtedness, or lay or cause to be laid any 
levy or levies, shall be personally liable therefor, both jointly and 
severally, and an action may be maintained therefor by the State^ 
or by any county, municipal corporation, district, or person pre- 
judiced thereby, in any court of competent jurisdiction; and any 
such member, officer or person shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not more than five hundred 
dollars or be confined in jail not more than one year, or both fined 
and imprisoned; and in addition thereto shall forfeit his office. 
Whenever any court of competent jurisdiction by mandamus, injunc- 
tion or other judicial proceeding shall determine that any officer or 
person has wilfully violated any of the provisions of this section, 
it shall enter an order declaring the office of such officer or person 
forfeited. 

Duty of State Tax Commissioner and Attorney General. 

Sec. 26. The State tax conunissioner shall prepare forms and 
instructions for making up the statement named in section twenty- 
one of the condition of the fiscal affairs, which forms and instructions 
shall be followed so far as they are consistent with law. The attorney 
general shall prepare forms and instructions for the holding of any 
election provided by this act, which forms and instructions shall be 
followed. 



*See Appendix A for law passed in 1915 providinj^ for spe(;lal debt levy and other 
provisions concerning the rates and manner of laying levies. 



School Law of "West Virginia. 23 

Additional Term — Special Election. 

Sec. 27. The board of education of any district or independent 
district may at their first meeting held on the first Monday in July 
extend the term of six months school herein provided for, or they 
shall upon the petition of ilfty taxpayers of their district, submit the 
question of having more than six months school to the voters of their 
district at any general election or at a special election to be held in 
such district at such time as said petitioners may designate. If such 
question is to be submitted at a general election the board of education 
shall notify the ballot commissioners who shall thereupon have printed 

on the ballots used at such general election "For months 

schooF' and "Against months school," and if at a special 

election, the secretary of the board of education shall post notices of 
such special election at all the voting places in the district for at least 
twenty days before the day on which said election is to be held. The 
ballots used at said election shall have written or printed thereon the 

words "For months school," and "Against months 

school." If a majority of the votes cast at any such election shall be 
in favor of more than six months school, or if the board of education 
shall determine, without such election, to have more than six mouths 
school they shall provide for such additional months of school for their 
district, for the ensuing two years. 

Teachers' Salaries. 

Sec. 28. Boards of education shall at their first meeting for each 
school year determine the number of teachers necessary to be employed 
and fix the rate of salary that shall be paid said teachers. In determin- 
ing the salaries they shall liave regard to the grade of teachers' certifi- 
cates, fixing to each grade the salary that shall be paid to teachers of 
said grade as follows: Teachers holding certificates of the grade 
number one, shall be paid not less than fifty dollars per month ; those 
holding certificates of the grade of number two, not less than forty 
dollars per month ; and those holding certificates of the grade 
number three, not less than thirty dollars per month; and in the 
making of teachers' contracts the rate of salary so fixed hy the board 
shall in no case be increased or diminished; provided, that in a 
district or independent district having a school or schools employing 
two or more teachers in the same building, the board may ^w a 
higher rate of salary to be paid to the teachers of such schools and 
adjust the salaries of said teachers according to the grade of certifi- 



24 School Law of West Virginia. 

cates and to the conditions existing in such schools; provided, fur- 
ther, that if in any district the proceeds of the maximum levy 
of twenty-five cents on each one hundred dollars valuation of taxa- 
ble property together witli such other funds as may be available, 
including the supplementary aid for school districts provided for in 
section tweaty-one, are not sufficient to maintain all the schools of the 
district for the minimum term of six months and to pay the minimum 
salaries herein required, the board of education of such district shall 
have authority to lay additional levy for such purpose not to exceed 
five cents on each one hundred dollars valuation of taxable property. 

Extension of Term- — Special Levy. 

Sec. 29. If within ten days after the board of education has laid 
the levies as provided by law, a majority of the taxpayers of any sub- 
•district, in which is located a school employing two or more teachers 
in the same building, file with the secretary of the board of education 
their petition praying for the extension of the term of such school for a 
given number of months for the ensuing year, the said board of educa- 
tion shall extend the term of said school for the number of months 
prayed for, and shall provide for such additional expense necessarily 
incurred in carrying on said school for such extended term by special 
levy not exceeding the rate of five cents on each one hundred dollars' 
valuation of the taxable property in such sub-district and the proceeds 
of such additional levy shall be known as sub-district teachers' fund 
and shall be collected, reported and accounted for in the same manner 
as provided for the proceeds of other school levies. 

Providing for Establishment of Normal Training Departments in 
High Schools and Authorizing Special State Aid Therefor. 

Sec. 29a. Whenever in the judgment of any county high school 
board or of any district or independent district board of education 
in whose district a high school is maintained, it is advisable to provide 
for the better training of the teachers in the elementary schools of 
their county or districts, such county high school board, district board 
of education or independent district board of education shall have 
the authority to establish and maintain a normal training department 
in connection with any high school under their control, to provide 
necessary rooms, furniture, equipment and supplies, and to employ 
teachers therefor. 

It shall be the duty of the state board of education to prescribe a 
course of study for such normal training department, to determine 



School Law of West Vieginia. 25 

the number and qualifications of teachers to be employed therein, and 
to establish such other regulations and requirements for their conduct 
as they may deem best; and when a normal training department has 
been established in any high school in accordance with the regula- 
tions and requirements of the state board of education and has been 
approved by said board, such high school shall be designated and 
known as a normal training high school. The state board of educa- 
tion shall o» or before the first day of October annually, report the 
number and location of high schools approved by them as normal 
training high schools, to the state superintendent of schools. Normal 
training high schools so approved shall be entitled to receive, in addi- 
tion to the state aid now provided by law for classified high schools, 
the sum of four hundred dollars annually, the same to be paid out 
of the appropriation for classified high schools at the time and in 
the manner prescribed by law for the payment of state aid to clas- 
sified high schools, and to be used for the maintenance of normal 
training departments of such high schools and for no other purpose; 
provided, however, that not more than ten high schools in the state 
shall receive" aid as normal training high schools at one time ; and pro- 
vided, further, that such state aid shall not be given in support of any 
such normal training department of any high school located in any 
•county in which a state normal school or other state school maintain- 
ing such normal training course is located. 

District High Schools; How Established; Classification and State Aid. 

Sec. 30. (a) If the board of education of any district deem it 
jxpedient to establish a high school in such district, they shall submit 
the question to the voters of the district at a general or special 
election in the manner following, that is to say: The board shall 
prepare and sign a notice setting forth the kind of school proposed; 
the estimated expense of establishing the same, including cost of site, 
building, furniture, books and apparatus and the estimated annual 
expense of supporting the school after it is in operation, with such 
■other information concerning it as they may deem proper; and 
stating that the question of authorizing the establishment of such 
high school shall be submitted to the voters of the district at the 
election specified in the notice which they shall cause to be posted 
for four weeks before the election in at least three of the most public 
places in the district. 

The ballots used in voting on the question shall have written or 
printed thereon the words "For district high school," and the words 



26 School Law of West Virginia. 

"Against district high school." If it appear b}^ the result of said 
election that a majority of the voters who voted on the question are 
in favor of authorizing the establishment of said school, the board of 
education shall then proceed to obtain the site, provide a suitable 
building or buildings, furniture, apparatus and supplies and employ 
necessary teachers therefor. 

(&) The high schools of this state shall be divided into three 
classes as follows: 

High schools of the first class shall include all high schools offering 
courses of study covering four years of not less than thirty-six weeks 
each and employing not fewer than three thoroughly qualified high 
school teachers who devote all of their time to the teaching of high 
school subjects. 

High schools of the second class shall include all high schools 
offering courses of study covering three years of not less than thirty- 
six weeks each and employing not fewer than two thoroughly qualified 
high school teachers who devote all of their time to the teaching of 
high school subjects. 

High schools of the third class shall include all high schools 
offering courses of study covering two years of not less than thirty- 
six weeks each and employing at least one thoroughly qualified high 
school teacher who devotes all of his time to the teaching of high 
school subjects. 

(c) It shall be the duty of the state superintedent of schools to 
classify all of the high schools of the state in accordance with the 
provisions of division (b) of this section, 

(d) To assist in the maintenance of all such high schools as have 
been properly classified according to the provisions of division (b) 
of this section and have complied with all the requirements thereof^ 
the following amounts are hereby appropriated to be paid annually 
out of the state fund : 

To each high school of the first class, $800 ; to each high school of 
the second class, $600; and to each high school of the third class 
$400. 

(e) The state superintendent of schools shall not later than the 
first day of October, annually, notify the county superintendent of 
schools of each county as to the amount due under the provisions of 
this section to each of the classified high schools in his county. The 
county superintendent shall issue his warrants upon the auditor, pay- 
able to the order of the sheriff of his county, for the amount due each 
school which shall be paid in two equal installments, payable on the 
first day of December and the first day of April. 



School Law of West Virginia. 27 

Payment of High School Tuition. 

Sec. 30-a. It shall be the duty of the board of education of any 
district which does not maintain a high school to pay the tuition fees 
of all pupils in their district who have completed the course of study 
in the elementary schools and who desire to attend public high 
schools or other schools of high school grade in other districts within 
the state; provided, that boards of education shall not pay more than 
two dollars and fifty cents per month for such tuition for each pupil 
attending a high school or other school of high school grade in 
another district; and, provided, further^ that boards of education 
shall not be required to pay such tuition fees for any pupils for more 
than four years; and, provided, further, that any board of education 
maintaining a high school of less than four years course, may pay the 
tuition of any pupil who has completed the course in such liigli 
school in any other school or schools of high school grade of four 
years, or equivalent thereof, so that such pupil may have the benefit 
of a four years' course in high school. Fees for the tuition of high 
school pupils shall be paid out of the building fund of the district 
upon the presentation of a certificate signed by the president of the 
board of education controlling the high school in which tuition pupils 
were in attendance and by the principal of the school and giving the 
names of such pupils and the number of months each was in attend- 
ance. 

Joint District High Schools. 

Section 30^^. If the boards of education of two or more contig- 
uous districts whether in the same or another county, believe it ex- 
pedient and wise to establish and maintain jointly a high school in 
any one of said districts, the building, if one is to be erected, and 
the site therefor, to be owned jointly in proportion to the amount 
contributed by the districts so uniting, the respective boards shall 
submit the question to the voters of the respective districts, at a 
general or special election, in the way and manner and after the notice 
required by section thirty of said chapter. 

The boards of education proposing to unite shall meet and deter- 
mine the location of the proposed school, the estimated amount to 
be contributed toward the establishment and yearly maintenance of 
said school by each district, the total cost thereof to be apportioned 
among the districts uniting on the basis of their respective valuations 
of taxable property, which agreement shall be reduced to writing 
and entered of record in the minute book of the respective boards. 



28 School Law of West Vieqinia. 

the substance of which shall be made a part of the statement to the 
voters hereinbefore provided for. 

The control and management of said joint high school, after the 
same is established, is hereby vested in the boards of education of the 
several districts so uniting to be exercised in joint session, the county 
superintendent of schools to be ex-officio a member and chairman 
of said joint session, and as such entitled to vote and participa;te in 
the control and management of said high school, and there is hereby 
conferred upon each board of education all the authority for the 
establishment and maintenance of said joint high school by contract, 
levy, issue of bonds, or otherwise, that is conferred upon a board 
of education for the establishment and maintenance of a high school 
within its district; the election to be held and the result ascertained 
as provided in said section thirty of chapter forty-five of the code; 
and all of the provisions of said section, so far as the same are ap- 
plicable, are made applicable to the establishment and maintenance of 
such joint high school, except that a majority of the voters of each 
district shall be sufficient to authorize the establishment of such high 
school. In the event that one or more of the districts uniting to 
establish such high school shall be in different counties, the county 
superintendent of each county shall be ex-officio a member of such 
joint session, the chairman to be selected by such joint session and in 
the event of a tie vote on any question the State Superintendent of 
Schools shall have the deciding vote. 

Said boards of education, in joint session as herein provided, may 
provide for the teaching of elementary pupils in such high school 
building, if the same have sufficient capacity, upon such terms for 
the use of the building as they may agree upon. 

High School to he Discontinued. 

Sec. 31. Any district high school shall be discontinued at the end 
of any year upon the petition in writing of at least seventy-five per 
cent, of the taxpayers of the district. 

Meetings — Quorum. 

Sec. 33. The boards of education of the several districts may hold 
their meetings on the first Monday of each month during the school 
term and at such other times as they may determine, but no business 
shall be transacted at a special meeting except such as may be desig- 
nated in the call therefor of which all the members have notice; A 



School Law of West Vieginia. 29 

quorum of the board shall consist of a majority of the members 
thereof, and they shall do no official business except when assembled 
as a board. 

Compensation. 

Sec. 33. The members of the board of education of each district 
shall each receive as compensation for their services the sum of two 
dollars per day to be paid out of the building fund of the district 
on the order of the county superintendent: provided that no com- 
missioner shall receive pay for more than ten days, and no president 
for more than fifteen days in one year, one day of which shall be 
spent by each of them in attending a county teachers' institute held 
in his county. 

Kindergartens. 

Sec. 34. The board of education of any district or independent 
district in which there is a city, town or village, of one thousand 
population or mose, may establish in connection with the schools of 
such district a kindergarten, to which may be admitted children 
between the ages of four and six years, under such regulations as may 
be prescribed by law for the admission of youth to the other schools 
of such district. 

No person may be employed as a teacher in such kindergarten 
unless she holds a diplqma from a kindergarten college, or, in addition 
to holding such a certificate as is require of other persons employed 
as teachers in the schools of this state, be duly examined in kinder- 
garten methods and theories, in such manner as the board of educa- 
tion may prescribe. 

Free Text Books. 

Sec. 35. The board of education of any district or independent 
district may purchase the necessary text-books prescribed to be used 
in the free schools under their control and furnish the same free to 
the pupils of said schools. If the board of education determines to 
purchase and furnish such free text-books, they shall enter an order 
to that effect upon the records, and shall cause said books to be pur- 
chased and kept in charge by the secretary and furnished to the 
pupils of the free schools of their district as hereinafter provided. 

Teachers to Distribute. 

Sec. 36. At the commencement of every term of the free schools 



30 School Law of West Virginia. 

in such district the secretary shall deliver to the teachers thereof 
such books as may be necessary for the use of the several pupils 
therein for the ensuing term of school and take from them receipts 
showing the number and kind of books so received. It shall be the 
duty of such teachers to take charge of such books and to distribute 
them among the pupils of their schools as needed, and said teachers 
shall have and exercise general control over said books during such 
term and at the close thereof and before they receive an order for 
salary for the last month of such term shall collect and gather to- 
gether all the books so used during the term and deliver them to the 
secretary of the board of education: provided, that if any of the 
books delivered to any pupil of such district shall be unnecessarily 
injured or destroyed they shall be replaced by the pupil who injured 
or destroyed them. All such books shall be purchased by the board 
of education directly from the publisher, contracted with as pre- 
scribed by law and at the net wholesale price. 

Books for School Libraries. 

Sec. 37. The board of education of any district may purchase 
books for school libraries. But not more than ten dollars shall be 
expended in any year for this purpose for any school, and books so 
purchased must be selected from the list and in the order, and of 
the edition recommended by the state superintendent of free schools. 

Librarian. 

Sec. 38. The trustees of any sub-district where there is a school 
library containing two hundred volumes may upon the petition in 
writing of at least half of the taxpayers of the sub-district employ a 
responsible person to care for such school library during the time 
school is not in session and to open the said library for part of one 
day in each week at which time the patrons and pupils of such sub- 
district may draw out books under such rules and regulations for 
the care and return thereof as the said trustees may prescribe. For 
his services the said librarian shall be paid five dollars per year, out 
of the building fund, by order of the board of education. 

Bonds — Election. 

Sec. 39. In any district or independent district, the boa^d of 
education may borrow money and issue hoods therefor for the purpose 



School Law of West Virginia. 31 

of building, completing, enlarging, repairing or furnishing school 
houses in such district or independent district. Said bonds shall 
be payable in not less than ten nor more than thirty-four years from 
their date and the rate of interest thereon shall not exceed six per 
centum per annum; provided, that no debt shall be contracted under 
this section which shall, including existing indebtedness, in the 
auffrcirate, exceed two and one-half per centum of the value of the 
taxable property in said district, to be ascertained by the last assess- 
ment for state and county taxes previous to the incurring of such 
indebtedness, nor without at the same time providing for the collec- 
tion of a direct annual tax sufficient to pay annually the interest on 
said debt, and the principal thereof, within and not exceeding thirty- 
four years ; and provided, further, that no debt shall be contracted 
under this section unless all questions connected with the same have 
been first submitted to a vote of the people of said district or inde- 
pendent district at a special or general election, and have received 
three-fifths of all the votes cast for and against the same. 

THE GENERAL SCHOOL FUND. 

Hoiv Constiiuled — Hoiv Apportioned. 

Sec. 40. The proceeds of the capitation tax, the income of- the 
school fund, the net proceeds of all forfeitures and fines which accrue 
to the state during the previous year and all money arising from the 
sources named in section four of article twelve of the constitution 
heretofore going to the "school fund," but as now amended going 
to "the general school fund," and all funds from any sources paid 
into the treasury for school purposes anfl not otherwise appropriated, 
shall be set apart for the support of free schools, as a separate fund to 
be called "the general school fund" and shall be annually apportioned 
and distributed t® the several counties of the state in proportion to 
the number of youth of school age according to the latest enumeration 
for school purposes, to be applied to the support of free schools 
throughout the state, and to no other purpose whatever, except that 
the auditor shall in ascertaining the amount to be apportioned and 
distributed to the several counties first deduct the aggregate salary 
of the state superintendent of free schools, his necessary traveling 
expenses not to exceed five hundred dollars, the contingent expenses 
of his office, the salaries of the eounty superintendents, the supple- 
memtary fund provided for in section twenty-one and other expend- 
itures required by law to be paid out of tke genei^l school fund: 



32 School Law of West Virginia. 

provided, that if the amount of the general school fund in any year 
is less than seven hundred and fifty thousand dollars the board of 
public works shall transfer thereto from the state fund an amount 
necessary to make the general school fund at least seven hundred and 
fifty thousand dollars ; and if in the judgment of said board the 
condition of the state fund will justify it, such transfer may be 
sufficient to make the general school fund one million dollars. 

Auditor to Report. 

Sec. 41. It shall be the duty of the auditor, on or before the 
twentieth day of July in each year, to ascertain the amount of the 
general school fund which is distributable among the several counties 
as aforesaid, and notify the state superintendent of free schools 
thereof, who shall thereupon ascertain the proper share of each 
county and notify the auditor and each county superintendent of 
said apportionment. 

Apportionment of General School Fund. 

Sec. 42. Upon receiving such notice, the county superintendent 
shall ascertain the proper share of each district, and independent 
school district, •! his county, according to the number of youth 
enumerated therein, and give notice to the board of education of 
each district, and independent school district, in the county, of the 
amount of the general school fund due each respectively, and that 
the same cannot be drawn by them until they have made the levy 
required by section twenty-one of this chapter. 

Requisition for the General School Fund. 

Sec. 43. When the board of education has laid the levy for the 
teachers' fund the county superintendent shall issue his requisition, 
on the auditor, payable to the order of the sheriff of his county, for 
the amount due, which shall be paid in two equal installments, pay- 
able on the fifteenth of September and December, respectively. 

Delinquent Lists. 

Sec. 44. The delinqueHt lists for the county and district school 
levies shall be returned and all other proceedings had in relation 
tiieret© as provided by law for other delinquent taxes. 



School Law of West Virginia. 33 

SECRETAEY OF BOAKD OF EDUCATION. 

Duties. 

Sec. 45. The board of education at their first meeting, which 
shall be held on the first Monday in July of each year, shall appoint 
a secretary who shall not be a member of the board, and who shall, 
before entering upon the discharge of his duties, take the oath pre- 
scribed by law, and shall attend all meetings of the board, and record 
their official proceedings in a book kept for that purpose, showing 
the number of each order issued, the name of the payee, the purpose 
for which issued, and the amount thereof which record shall be 
attested by his signature and the signature of the president of the 
board, and which shall at all reasonable times be open to the inspec- 
tion of any person interested thei-ein. He shall have the care and 
custody of all papers belonging to the board, including evidences of 
title, contracts and obligations, and preserve the same in his office.* 
properly arranged for reference; and shall record and keep on file 
in his office such papers and documents pertaining to the business 
of the board, and keep such accounts and prepare and certify such 
reports and writings, as the law may require or the board direct, all 
of which records, papers, contracts, documents and other property 
pertaining to his office shall be immediately delivered in proper condi- 
tion to his successor in office. Whenever any orders are drawn on 
the sheriff or school treasurer the secretary shall immediately make 
up a list of said orders, showing the nuiriber of the order, name of 
payee and amount, which list together with said orders shall be 
delivered to the county financial secretary for his signature and 
proper record. Said orders shall then be delivered by the county 
financial secretary to the persons entitled to the same. 

Ahslract of Proceedings. 

Sec. 46. The secretary of the board of education of each district" 
shall, within three days after each meeting of the board of education, . 
post an abstract of the proceedings thereof at the front door of the 
place of meeting, and within ten days after the annual settlement 
with the sheriff the secretary of the board of education of each district 
and independent district shall post at the same place an itemized 
statement, duly sworn to l)y the president and the secretary of said 
board, showing all disbursements by said president and secretary by 
orders on the sheriff, or otherM'ise, within the school year last pre- 



34 School Law of West Virginia. 

ceding, from the teachers' fund,' the building fund, and any other 
fund from which disbursements are" made, setting forth the name of 
the person to whom and the purpose for which each order was issued. 

Administer Oaths. 

Sec. 47. The secretary shall have authority to administer oaths 
to school officers and to teachers or others reporting enumeration. 

Assesso7-'s Certificate. 

Sec. 48. The assessor shall make out and deliver to the secretary 
of the board of education of each district and independent district 
in his county on or before the second Tuesday in August in each 
year, a certificate showing the aggregate value of all personal property 
and real estate in such district or independent district, and to the 
county superintendent of free schools a certificate of the aggregate 
value of such property in the county, which certificates shall serve as 
the basis for the school levies for the ensuing year. 

Report Rate of Levy. 

Sec. 49, Within three days after the board of education has laid 
the levy for the building fund and the teachers' fund, it shall be the 
duty of the secretary to report the rate thereof to the county super- 
intendent and the proper assessor, and within three days thereafter 
it shall be the duty of the county superintendent to report the rate 
of levy for the various funds to the clerk of the county court and the 
assessor and the rate of levy for all funds, and the total value of real 
and personal property in each district and independent district to 
the state superintendent and the auditor; and it shall thereupon be 
the duty of the proper county officer to extend on the personal 
property book and on the land book the amount of taxes levied as 
aforesaid, in separate columns, headed respectively teachers' fund, 
and building fund, which taxes the sheriff shall collect and account 
for as required b}^ law. 

Penalty. 

Sec. 50. Any assessor, clerk of the county court, secretary of a 
board of education, or county superintendent wkt» fails to perform 
the duties required of him by sections forty-eight and forty-nine of 
this chapter, shall be guifty of a misdemeanor and Upon conviction 
thereof be fined twenty dollars. 



School Law of West Virginia. 35 

Report. 

Sec. 51. From the reports of trustees, the teachers' registers, 
the annual settlement with the sheriff, and from such other authentic 
information as he may be able to obtain, the secretary shall make 
3, tabular report to the county superintendent on or before the 
twentieth day of July annually, showing all the statistics and other 
facts required in the blanks furnished by the state superintendent, 
with such explanations and remarks as he may deem pertinent. 

Salary. 

Sec. 52. The secretary of the board of education of each district 
shall receive for his services in districts with fewer than fifteen schools 
twenty dollars; and in districts with fifteen and fewer than twenty- 
five schools, thirty-five dollars, and in districts with more than twenty- 
five schools, fifty dollars. In addition thereto he shall receive the 
sum of ten dollars for the report required in section fifty-one, both 
amounts to be paid out of the building fund of his district on the 
order of the county superintendent of free schools; but said order 
shall not be issued until the secretary has made a correct and complete 
report within the time required by law. 

TEUSTEES. I 

Appointment — Term — Oath. 

Sec. 53. The board of education shall at the first meeting to be 
held on the first Monday of July, nineteen hundred and eight, 
appoint three intelligent and discreet persons trustees for each sub- 
district in their district, who shall hold their office, one for one year, 
one for two years, and one for three years respectively; and annually 
. thereafter appoint one trustee for said sub-district who shall hold 
his office for a term of three years, and every trustee so appointed 
iifider this section shall be immediately notified of his appointment, 
and shall within ten days after receiving such notification, qualify 
as such by taking and subscribing to the oath of office prescribed 
by law. 

Quorum. 

Sec. 53^. No one trustee shall, by himself, have any power to 



36 School Law or West Vieginia. 

perform any duty required by law of the trustees, who shall meet at 
a time and place iixed by two of their number, the other having had 
reasonable notice of such meeting, and two of the trustees shall 
constitute a quorum, and they shall keep a record of their acts and 
proceedings in a book to be furnished them by the board of educa- 
tion for that purpose, such book to be turned over by them to their 
successors in office. 

May he Removed. 

Sec. 54. Any trustee may, for good cause shown, be removed 
from office by the board of education upon five days' notice in writing, 
of the cause alleged for his removal, and of the time and place the 
board will take action thereon. 

Vacancy in Office. 

Sec. 55. Vacancies in the office of school trustee shall be filled by 
the board of education for the unexpired term. 

Appoint Teachers. 

Sec. 56. The trustees of every sub-district shall have charge of 
the schools therein and shall on the third Monday in July of every 
year, or as soon thereafter as practicable, appoint at the school 
house of their sub-district, a teacher or teachers, for the ensuing^ 
term of such school, who shall hold a valid teachers' certificate, and 
such appointment shall be in writing according to the form of con- 
tract furnished by the state superintendent of free schools, which 
contract shall be at the rate fixed for the grade of certificate held by 
such teacher and shall be filed with the secretary of the board 
before the beginning of the term for which the teacher is employed. 

Certificate Filed. 

Sec. 57. No person shall be employed to teach in a free school of 
this state until he has presented to the board of education having 
charge thereof, a valid teacher's certificate which shall be filed until 
the close of the school term with the secretary of the board of educa- 
tion of the district wherein said school is situated, and so endorsed by 
the secretary, and no salary shall be paid to any teacher unless such 
certificate be so filed. 



School Law of West Virginia. 37 

Appoinlmcnt of Certain Persons Prohibited — Eemoval of Teachers. 

Sec. 58. No trustee shall contract with or appoint as teacher of 
his school himself, his wife, father, son, son-in-law, grandson, brother, 
brother-in-law, daughter, daughter-in-law, granddaughter, sister, 
sister-in-law, aunt, uncle, niece, nephew, or first cousin by blood. 
If any trustees appoint any person so related to any two of the 
trustees as teacher of their school, the board of education may declare 
such contract void. Any teacher may be removed by the board of 
education for incompetency, neglect of duty, intemperance, profanity, 
cruelty or immorality, and any teacher so removed shall not receive 
any salary for the unexpired term. 

Holidays. 

* Sec. 59. In contracts with teachers it shall be understood that 
school is not to be^kept in operation for instruction on Saturday or 
Any holida}', but if a holiday fall upon a day which otherwise would 
be a school day, and on a day immediately preceding or immediately 
following a day on which school is taught, it shall be counted as 
though taught. 

Visit Schools, 

Sec. 60. The trustees shall visit every school under their charge 
within two weeks after the opening, and again within two weeks 
before the close thereof, and at such other times as it may be neces- 
sary or useful. During such visits they shall inspect the register of 
the teacher and see whether it has been properly kept, and ascertain 
w^hether the pupils are supplied with books and other things required 
for their studies; whether the school house and grounds, closetf', and 
other outbuildings, furniture, apparatus and library are kept in good 
order; whether anything injurious to health is suffered to remain 
about the house or grounds; and whether the school house is well 
ventilated and kept clean and comfortable; and where necessary they 
shall provide and promptly apply the proper remedy. They shall 
also, during such visits make such examination as they may deem 
pertinent respecting the studies, discipline and general condition of 
the school and the conduct and proficiency of the pupils, and give 
such directions or make such suggestions to the teacher, as, in their 
opinion, will promote the interests of the school, and the health, 
morals and progress of the pupils. 

•NOTE: See Appendix A for further provisions relating to holidays. 



38 School Law of West Virginia. 

Purchase of Supplies. 

Sec. 61. The trustees shall cause the school house under their 
charge and everything pertaining thereto to be kept in good order, 
and to this end may purchase fuel, water-buckets, brooms, coal-hods, 
shovels, pokers, stove-pipe, crayons, erasers, dippers and wash-basins 
for use in the school room, and make such repairs to windows, doors, 
benches, desks, floors, walls, ceilings and roofs as may be necessary 
to make the house comfortable. The trustees shall also see that the 
school house is swept and that fires, when necessary, are made and 
kept therein by the teacher, if the teacher so desire, for which sweep- 
ing and fire building the teacher or other person doing the work 
shall be allowed fifty cents per week, payable at the end of the term 
upon a proper certificate from the trustees, out of the building fund 
of the district. 

May Allow School Houses Used. 

Sec. 63. The trustees may allow the school house in their charge 
to be used for holding religious, political, or literary meetings and 
Sunday school and such other meetings as may be considered bene- 
ficial to the public generally, under such regulations for the care and 
cleaning thereof as they may prescribe: provided, that such meeting 
shall not interfere with the public schools. 

Make Estimates of Improvements. 

Sec. 63. The trustees shall furnish the board of education at the 
end of the school year estimates of all improvements and repairs 
necessary for the preservation of buildings, grounds and furniture 
under their charge ; also a report of the condition of the school house, 
and the value and kind of apparatus, the number of volumes in the 
school library and their value, with such explanations and additional 
information as they may deem useful, or as the blanks furnished by 
the state superintendent may require. 

Beport of Expenses. 

Sec. 64. The trustees shall keep an exact account by items of all 
necessary expenses incurred by them in the performance of their 
duties, which they shall file Avith the secretary of the board of educa- 
tion at or before the last meeting for the current school year. If the 



School Law of West Vieginia. 39 

board find the account correct, they shall pay the various items thereof, 
out of the building fund of the district by orders on the sheriff, but 
if found incorrect, the secretary shall return it for correction. 

Under Supervision of Board of Education. 

Sec. 65. The trustees of each sub-district shall be under the super- 
vision and control of the board of education, and in all cases their 
actions shall be subject to revision and correction by the board of 
education, upon the complaint iia writing of any three taxpayers of 
the sub-district. 

Transfer of Pupih — -Tuition. 

Sec. %&. Whenever any person authorized to attend school is so 
situated as to be better accommodated at the free school of an adjoining 
sub-district or independent district, whether in the same or in an 
adjoining district or county, or whenever it may be necessary to 
establish a school composed of pupils from parts of two or more sub- 
districts in adjoining districts, whether in the same or different coun- 
ties, it shall be the duty of the trustees of the sub-district in which 
such pupil lives to transfer him for school purposes to the sub-district 
in wliich such school house is situated for the same period that the 
schools of the district from which the transfer is made are in session, 
subject, however, to tlie approval of the trustees of the sub-district or 
the board of education of the independent district, to which such pupil 
is transferred; but the enumeration of youth shall be taken in each 
sub-district as if no transfer had been made. 

Divide Expenses. 

Sec. 67. But in all cases of transfer of pupils from one district 
to another the board of education of the district from which the trans- 
fer is made shall pay to the board of education of the district in which 
the school is carried on such proportion of the cost of teachers of said 
school as the pupils so transferred bear to the whole numl)ei- of piipils 
taught in such school. 

Consolidalion of ScJiooIs. 

Sec. 68. Boards of education shall have authority to consolidate- 
two or more sub-districts into a single sub-district, and where practica- 



iO School Law of West Vikginia. 

ble establish a graded or consolidated school therein, and if necessary 
provide for the transportation of pupils to and from such school at 
public expense ; provided, that no sub-district whose school during the 
last preceding school year maintained an average daily attendance of 
^twelve or more, shall be consolidated with another sub-district except 
with the written consent of at least a majority of the voters of the 
-sub-district affected. 

Contracts for the transportation of pupils shall be let to the lowest 
responsible bidder, and all expenses shall be paid out of the building 
fund of the district, under such rules and regulations as the board 
"Of education may prescribe. 

Who May Attend School. 

Sec. 69. The following persons when residing in a sub-district or 
independent district with intent to make such district their home, 
■shall have the right to attend tlie free schools thereof, and to receive 
instruction therein; that is to say, every youth between the age of 
-six and twenty-one years, and any other person, with the consent of 
the trustees or the board of education, as the case may be, and upon 
the payment of tuition fees not to exceed two dollars and fifty cents 
per pupil per month, and upon such other terms as the trustees or the 
board of education ma}^ prescribe. Said tuition fees shall be paid in 
advance to the sheriff, Avho shall give his receipt therefor and place the 
amount to the credit of the teachers' fund of said district. 

Colored Pupils. 

Sec. 70. White and colored pupils shall not be taught in the same 
school, or the same building, but it shall be the duty of the board of 
education to establish one free school, or more if necessary, in any 
sub-district wherein there are ten or more colored persons of school 
age and, if possible, in any district wherein there are fewer than ten. 
For the purpose of carrying out this section the board of education 
may establish schools composed of pupils from adjacent districts in 
the manner provided in section eighteen for white pupils. 

Division of Fimds — Mandamus. 

Sec. 71. Whenever, in any school district, the benefit of a free 
school education is not secured to the colored children residing therein 



School Law of West Vikginia. 41 

in the manner mentioned in the preceding section, the fund applica- 
ble to the support of free schools in such district shall be divided by 
the board of education in the proportion which the number of colored 
children bear to the number of white children therein, ajcording to 
the last enumeration made for school purposes, and the share of the 
former shall be set apart for the education of colored persons of school 
age in such district, and be applied for that purpose from time to 
time in such way as the board of education may deem best. Any 
board of education failing to comply with this section may be com- 
pelled to do so by mandamus. 

COMPULSOKY ATTENDANCE. 

Age — Time — Misdemeanor. 

Sec. 72. Every person having under his control a child between 
the age of eight and fifteen years shall cause such child to attend 
some free school for a period of twenty-four weeks, yearly, beginning 
with the opening of the school term. For every neglect of such duty, 
the person offending shall be guilty of a misdemeanor, and shall upon 
conviction thereof, before any justice, who is hereby authorized to try 
and determine such cases, be fined two dollars for the first offense, 
and five dollars for each subsequent offense, which fine shall be paid 
into the building fund of the district in which said offense occurred. 

An offense as understood herein shall consist in the failure of such 
persons for two days in any week to cause such child to attend school, 
■except in cases of sickness or death in the pupil's family, or other 
reasonable cause, or unless the pupil be thoroughly and systematically 
instructed for a like period of time elsewhere: provided, there be a 
school in session within two miles of the pupil's home, by the nearest 
traveled road. 

Truant Officer. 

Sec. 73. The board of education of every district or independent 
district at its first annual meeting, or as soon thereafter as practicable, 
shall appoint one or more truant officers whose dut}' it shall be to en- 
force the provisions hereof. Each officer so appointed shall use due dili- 
gence to ascertain any violation of this law, and when from personal 
knowledge or by report or complaint from any resident or teacher of 
the district under his supervision he believes that any child subject 
to the provisions hereof has been absent from school for two days he 



43 School Law of West Virginia. 

shall immediately give written notice to the parent, guardian or cus- 
todian of such child that the attendance of such child at school is 
required, and if such parent, guardian or custodian of said child does 
not comply with the provisions of this section at once, then such truant 
officer shall make complaint against such parent, guardian or custo- 
dian before the nearest justice of the peace: provided, that for subse- 
quent oifenses in any one year no such notice shall be required. 

Employer — Misdemeanor. 

Sec. 74. Any person who induces or attempts to induce any such 
child unlawfully to absent himself from school, or who harbors or 
employs any such child unlawfully absent from school while the 
school in the district in which such child lives is in session, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be pun- 
ished by a fine of twenty-five dollars, and may be imprisoned ten days. 

Duty of Teachers. 

Sec. 75. Teachers in ungraded schools and principals and superin- 
tendents in graded and high schools shall report to truant officers all 
cases of violation hereof in their sub-districts or independent districts^ 
and shall furnish all reports and information necessary to the proper 
hearing of any case before a justice of the peace and all such teachers^ 
principals and superintendents shall assist truant officers in every 
reasonable way in carrying out the provisions hereof. 

Fines. 

Sec. 76. All fines collected under the four preceding sections 
shall at once be paid over by the justice to the sheriff, and by him 
credited to the building fund of the proper district ; and every truant 
officer shall make to the secretary of the board of education and to 
the sheriff an itemized statement on the last day of each month of all 
fines imposed hereunder. 

Compensation of Truant Officers. 

Sec. 77. Said truant officers shall be paid monthly at the rate of 
two dollars per day for the time actually spent in the discharge of 
their duties as such officers, but in no case shall payment for any 



School Law of West Vikginia. 43 

month's services be made until the truant officer has filed with the 
secretary of the board of education the statement required in the pre- 
ceding section, together with a sworn statement of the number of 
truancy cases investigated and the time actually employed in such 
duties. When the truant officer has faithfully performed his duties 
and filed the statement required, the board of education, if satisfied 
that the same are just and correct, shall issue and deliver to him an 
order on the sheriff for the amount of his account, payable out of the 
building fund of the district. 

MEDICAL INSPECTION IN SCHOOLS. 

Appointment of Inspectors. 

Sec. 77-b. I. That the board of education of each independent 
school district in this state shall, and other boards of education may, 
within ninety days from the passage hereof, and thereafter on the first 
day of January of each year, appoint one or more legally qualified 
practicing physicians in said school district to be known as medical 
inspectors of schools, fix their salaries and define their duties as herein- 
after provided, and furnish the necessary stationery and printing for 
records and reports. 

Examination of Pupils for Physical Defects. 

Sec. 77-b. II. It shall be the duty of the medical inspector of schools 
to separately and carefully test each pupil in his school once during 
each school year to ascertain if the pupil is suffering from any defect 
or disability ttiat would prevent the pupil receiving the full benefit of 
the school work, or if some modification of the school work should be 
made that the pupil might receive the best educational results. 

Examination of Pupils for Infectious or Contagious Diseases. 

Sec, 77-b. III. The medical inspector shall also, at the request of 
the superintendent of the school, carefully examine any pupil for evi- 
dence of infectious or contagious disease or any other condition which 
might prove harmful to other pupils. Whenever any pupil shows 
symptoms of smallpox, chickenpox, measles, scarlet fever, tuberculosis, 
diphtheria, influenza, whooping cough, tonsilitis, mumps, scabies, 
syphilis and other venereal diseases, trachoma, or any other contagious 
disease, the pupil must be sent home a,nd the boards of health and 



44 • School Law of West Vieginia, 

education notified in writing by the medical inspector of schools. 
Any pupil with any of the said diseases shall not attend school. 

Examination of Pupils Absent Fve Days. 

Sec. 77-b. IV. The medical inspector of schools also shall carefully 
examine each pupil who has been absent from school for five consecutive 
days for contagious or infectious disease, imless the pupil shall present 
to the superintendent of the school a written or printed statement, in 
the form hereinafter given, showing that the pupil and the house 
from which the pupil comes is free from infectious or contagious dis- 
ease, signed by the attending physician and endorsed by the medical 
inspector of schools. 

Investigations — Teacher Nurses. 

Sec. 77-b. V. The medical inspector of schools shall also, when 
requested by the board of education, conduct investigations, furnish 
information and advice and assist to formulate rules of procedure on 
matters pertaining to the lighting, heating, ventilating and sanitation 
of the school building; the hours of study, recesses, exercises and any 
other matters pertaining to the health, vitality and development of the 
pupils. And, if deemed necessary, the board of education may employ 
a teacher nurse to investigate the sanitary conditions of the pupil and 
home. 

Records — Inspection Cards. 

Sec. 77-b. VI. The medical inspector shall also keep an accurate and 
complete record of each pupil tested and examined in thfi foUpwing 
form: 

Date. , 191... 

Pupil Age 

Orade •. . School 

Parent or guardian 

Heart 

Lungs 

Eyes , 

Ears 

Throat 

Teeth 

Contagious or Infectious Disease 



School Law of West Virginia. 45 

Skin Disease 

Special Note 

Eecommendation 

Signed , M. J). 

Medical Inspector of School. 

And when any condition is found, which, in the opinion of the medi- 
cal inspector, would prevent the pupil receiving the full benefit of the 
school work or would be a symptom of infectious or contagious disease, 
the medical inspector shall notify the parent or guardian and the 
superintendent of the school attended, using the following form: 

191... 

The parent or guardian of 

attending 

School is hereby notified that examination of this pupil shows ab- 
normal condition of 

Take the pupil to your family physician for treatment and advice 
and take this card with you. 

, M. D. 

Medical Inspector School. 

And on the reverse side shall be printed : 

I have this day examined 

of the Grade School 

and find the following condition 

and have advised as follows 



Signed , M. D. 

Dated . . . , Physician. 

The physician signing will return card to the pupil who will return 
it to the superintendent of the school attended. 

And when any pupil shall have been absent from school for five 
consecutive days, statement must be made to the superintendent of the 
school attended in the following form : 



46 School Law of West Virginia. 

Dated 191. . . 

I have this day examined 

of the School, 

and find this pupil and the house from which the pupil comes to be 
free from infectious or contagious disease. 

Signed , M. D. 

Approved : M. D. 

Medical Inspector School. 

CUEEICULUM. 

Subjects Taught. 

Sec. 78. In the free schools of this state there shall be taught read- 
ing, orthography, penmanship, arithmetic, English grammar and lan- 
guage. United States and West Virginia history, general and West 
Virginia geography, civil government, agriculture, physiology and 
hygiene, and in connection therewith the nature of alcoholic 
drinks and narcotics, with special instruction as to their effect upon 
the human system ; and in addition thereto in high schools, such other 
subjects as may be required in the course of study prescribed by the 
state board of education ; provided^ that the board of education of any 
district or independent district or any county high school board may 
establish in the elementary or high schools under their control, schools, 
departments, or classes for the teaching of manual training, home 
economics, agriculture, commercial subjects and such other industrial 
and vocational subjects as they may determine, and maintain the same 
^from the school funds of their district or county. Said board of educa- 
tion or county high school board may, at their discretion, provide for 
the continuance of such industrial and vocational instruction beyond 
the regular school term. 

Certificates Required of all Teachers — Minimum Age. 

Sec. 79. It shall be the duty of the state superintendent of free 
schools to prepare and distribute a manual containing the courses of 
study prescribed by the committee on course of study and such other 
matter as may seem necessary to enable teachers to carry out the 
said courses of study, and his further duty to see that the teachers 
in all the various schools follow the course of study so prescribed; 
he shall also provide for the examination and graduation of pupils who 
satisfactorily complete the said course of study, and shall issue diplo- 
mas thereto. 



School Law of West Virgixia. 47 

EXAMINATIONS. 

Certificates Required of All Teachers — Minimum Age. 

Sec. 80. No person shall be employed to teach in the free schools 
of this state or shall receive for teaching any part of any free school 
fund who is not of good moral character and physically and mentally 
qualified to perform the duties of a teacher; who has not attained 
the age of eighteen years on or before the first day of September of the 
year in which his certificate was issued, and who does not at the time 
he enters upon his duty hold a valid teacher's certificate covering the 
period of his emplo3TTient. 

Time and Place. 

Sec. 81. The general regulation, direction and control of all mat- 
ters relating to the examination of applicants for teachers' certifieates, 
including the preparation of questions, the grading of manuscripts, 
the granting and the issuing of certificates, and all other powers nec- 
essary for the proper examination of applicants for teachers' certifi- 
cates shall hereafter be vested in the state superintendent of free 
schools, who shall designate the time for holding such examination 
simultaneously in all the counties of the state, at such places and in 
such buildings as the county superintendent shall designate, subject 
to the approval of the state superintendent. 

Expenses. 

Sec. 82. For the preparation and printing of questions, the grad- 
ing of manuscripts, the transmission of certificates, and the addi- 
tional clerical work demanded, the state superintendent of schools 
shall be allowed an amount not to exceed nine thousand dollars an- 
nually, which smn is hereby appi'opriated and set apart from the gen- 
eral school fund for this purpose. 

Assistants. 

Sec. 83. The county superintendents shall conduct all examina- 
tions as directed by the stat-e superintendent, but when in any exami- 
nation there are fewer than thirty applicants the county superintend- 
ent shall appoint one assistant, and if more than thirty applicants 



48 School Law op West Yik-ginia. 

two assistants^ who shall each receive six dollars for the two days 
spent in helping to conduct snch examination. But nothing herein 
contained shall prevent the state superintendent from sending a com- 
petent person to oversee such examination if he deem it expedient. 

¥ees. 

Sec. 84. Each applicant upon taking his first examination of the 
year shall pay to the county superintendent a fee of one dollar and 
fifty cents. Any applicant having passed one examination may take 
subsequent examinations upon payment of the full fee for taking 
more than half the subjects or one-half the regular fee for taking a 
part of the subjects not to exceed one-half. Out of the aggTegate of all 
fees collected by the county superintendent he shall pay his assistants 
and other legitimate expenses of conducting such examinations, and 
tlie remainder he shall immediately transmit to the auditor of the 
state to be placed to the credit of the general school fund of the state. 
At the close of each examination he shall make and return to the 
state superintendent of schools a detailed and certified report of the 
number of applicants for certificates, the amount of fees collected 
by him, the amount paid out as above provided for expenses, and the 
amount transmitted to the auditor, and shall send with said report, 
receipts for all money paid for expenses. 

All applicants for certificates upon graduation or other credentials 
shall each pay a fee of one dollar to the state superintendent of schools 
who shall transmit the same to the auditor of the state to be credited 
to the general school fund. 

Transmitting Questions and Manuscri-pts. 

Sec. 85. The state superintendent of schools shall provide for the 
preparation of questions for said examinations and for their trans- 
naission in securely sealed packages, to the county superintendent of 
each county. The county superintendent shall break the seal and 
open the package of questions in the presence of his assistants and as- 
sembled applicants, and shall conduct such examinations in the man- 
ner prescribed by the state superintendent. At the conclusion of the 
examination, the county superintendent shall forward to the state 
superintendent, all manuscripts submitted, in securely sealed packages, 
according to instructions to be furnished by the state superintendent, 
together with such information, statements or affidavits as the state 



School Law of West Virginia. 49- 

superintc-ndent may require. But ]io person who is known to be of 
immoral character, or to be addicted to drunkenness, or who shall not 
have attained the age of eighteen years on or before the first day of 
September of the year in which said examination is held shall be ad- 
mitted to said examination. 

Grading of Manuscripts. 

Sec. 86. Within a reasonable time after the receipt of the aforesaid 
manuscripts it shall be the duty of the state superintendent to have 
them examined and graded by competent persons actively engaged in 
school work, and to issue certificates based thereon ; provided, that not 
more than one certificate of the same kind and grade shall be issued to 
an applicant in any school year, but the state superintendent shall 
forward to each applicant taking more than one examination in tlie 
same year a statement of the grades made by him in each examination 
taken, and in making up his certificate the applicant shall be given 
the benefit of his highest grades in each subject; and such certificates 
when so issued shall be forwarded by the state superintendent to the 
proper county superintendent who shall countersign them and de- 
liver them to the persons entitled thereto; provided, that no certifi- 
cate shall be issued to aa applicant until the state superintendent- 
is satisfied as to the identity of the applicant. 

The state superintendent and each county superintendent shall eack 
keep a record of all certificates issued showing the kind and grade of 
each certificate and the date of issue tliereof, and the state superin- 
tendent and each county superintendent, upon vacating their offices- 
shall turn over said records to their respective successors. 

Elementary Certificate. 

Sec. 87. Elementary certificates shall be issued to all applicants- 
who pass a satisfactory examination in orthography, reading, penman- 
ship, arithmetic, English grammar and language, physiology and' 
hygiene, United States and West Virginia history, general and West' 
Virginia geography, civil government, theory and art of teaching, . 
and agriculture. Such certificates shall show the grade or proficiency 
of the applicant in each subject in which he is examined, and shair 
be classified according to the following scale : 

First grade certificates Aalid for a period of five years shall be issued 
to all applicants who attain a general average of ninety per cent, on 



50 School Law of West Yieginia. 

a scale of one limidred, with no subject below seventy-five per cent; 
second grade certificates valid for a period of three years shall be 
issued to all applicants who attain a general average of eighty per 
cent, with no subject below sixty-eight per cent; third grade certifi- 
oates valid for one year shall be issued to all applicants who maintain 
a general average of seventy per cent, with no subject below sixty 
per cent; provided, that the third grade certificate shall not be issued 
for more than two years in succession to the same person. 

First-grade elementary certificates shall be valid in all the schools 
of the state; second grade, and third grade elementary certificates 
shall be valid in all the grades of the elementary schools: provided, 
that no person shall be employed as ]3rincipal of any school who does 
not hold a first grade certificate or its equivalent. 

Any first grade elementar}^ certificate shall be renewable upon the 
recommendation of the county superintendent as follows: 

At the expiration of the first five years it may be renewed for a pe- 
riod of five years; provided, that the holder thereof has taught suc- 
•cessfully or has been actively engaged in public school work not less 
than three years during the life of such certificate. 

At the end of the second or third five-year period it shall be renewa- 
ble on condition that the holder has taught or has been actively en- 
gaged in public school work for three years during the five years pre- 
vious, and that he pass a satisfactory examination on two of the books 
of the state reading circle course to be designated by the state super- 
intendent of schools, or has done satisfactory work for a period of 
six weeks in a recognized state normal school or in some other school 
of equal rank and standing or has done other Avork of equal value. 
The state superintendent of schools shall determine what schools shall 
be recognized and the nature of the work which shall be accepted in 
carrying out the provisions of this section. 

At the termination of the third renewal period the holder of such 
certificate shall be eligible to receive a first grade elementary certifi- 
cate valid for life, if he has taught or been otherwise actively engaged 
in public school work for not less than three years of the last five 
and has maintained an active interest in school work; provided. 
that in all cases of renewal of elementary certificates one full year's 
work in a standard college or normal school or other school approved 
by the state board of education, done during the life of the certificate 
or within the year immediately following its expiration, shall be con- 
sidered the equivalent of one year's teaching on said certificate. 



School Law or West Virginia. 61 

Sliort Course Certificate. 

Sec. 88. The state superintendent of schools shall have authority, 
upon application in due form, to issue the short course teacher's cer- 
tificate, valid for a period of three years, to those who have completed 
the short course in the state normal school and its branches, the 
short course in the West Virginia Collegiate institute, the normal train- 
ing course in high schools that have been approved by the state board 
of education, and to those who have completed in other schools in the 
state a course of study that is in the judgment of the state board of 
education equivalent in all respects to the short course offered in the 
state normal school and its branches. 

Such short course certificates shall be valid in all the grades of the 
elementary schools of the state, and in the payment of salaries shall 
be considered as first grade certificates. 

Any short course certificate shall be renewable for one period of 
three years ; provided, that the" holder thereof has taught for two years 
thereon or has done two years' credit work in an approved high school 
or standard normal school or other school approved by the state board 
of education, within the life of said certificate. 

Normal School Certificate. 

Sec. 89. The state superintendent shall have authority to issue 
normal school certificates valid for five years to gi'aduates in the di- 
ploma course of the state normal school and its branches, to graduates 
in the diploma course of the West Virginia Collegiate institute, and 
to those who have completed a diploma course of study in any other 
school of this or other states that, in the judgment of the state board 
of education, is equivalent in all respects to the diploma course of 
study in the state normal school and its branches. Normal school 
certificates shall be valid in all the grades of the elementary schools 
of the state and in high schools, and in the payment of salaries and 
renewal shall be considered as first grade certificates. 

High School Certificate. 

Sec. 90. High school certificates valid for a period of five years 
shall be issued by the state superintendent to applicants who have 
passed a satisfactory examination upon ten subjects designated by the 
state board of education. 



62 School Law of West Virginia. 

The state superintendent of schools shall have authority to issue 
the high school certificate valid for five years, upon application in due 
form, to graduates of the West Virginia University, and to graduates 
of other colleges and universities in this and other states whose courses 
of instruction are, in the judgment of the state board of education, 
equivalent to the courses offered in the West Virginia University; 
provided, that the collegiate courses of instruction completed by such 
graduates have included not less than twenty semester hours in edu- 
cation; and, provided, further, that every high school certificate issued 
under the provisions of this act shall show the subject or subjects 
the holder thereof is especially qualified to teach. 

High school certificates shall be valid in any high school or elemen- 
tary school of the state, and in the payment of salaries shall be con- 
sidered as first grade certificates. 

Any high school certificate, shall, upon its expiration or within 
the year immediately following, be renewable for five-year periods 
thereafter ; provided, that the holder thereof shall have taught success- 
fully or shall have been otherwise actively engaged in public school 
work for three years of each five-year period on said certificate; pro- 
vided, that at the termination of the third renewal period the holder 
of such certificate shall be eligible to receive a high school certificate 
valid for life, if he has taught or been otherwise actively engaged in 
public school work for not less than three years of the last five and 
has maintained an active interest in school work. 

Supervisor's Certificate. 

Sec. 91. Supervisors' certificates valid for a period of five years 
shall be issued by the state superintendent to applicants who have 
taught not less than three years on a first grade cffrtificate or its equi- 
valent, and who have passed a satisfactory examination upon such sub- 
jects as may be designated by the state board of education. 

The state superintendent of schools shall have authority to issue 
the supervisor's certificate valid for five years, upon application in due 
form, to graduates of the West Virginia university, to graduates of 
the state normal school and its branches, and to graduates of other 
institutions of this and other states, who have completed courses of 
instruction that are, in the judgment of the state board of education, 
equivalent in all respects to the courses recognized in the granting of 
this certificate in the West Virginia university and the state normal 
school and its branches; provided, tbat such graduates shall have had 



School Law of West Virghstia. 53 

not less than three years' experience as teachers, principals or super- 
visors; and provided, further, that the courses of instniction com- 
pleted by such graduates shall have included not less than twenty 
semester hours in professional subjecis m education, five semester 
hours of which shall have been iu the subject of school supervision. 

Any supervisor's certificate shall, upon its expiration or within the 
year immediately following, be renewable for five-year periods there- 
after; provided, that the holder thereof shall have been actively en- 
gaged in public school work for not less than three years of each five- 
year period, and upon such other conditions as the state board of edu- 
cation shall prescribe. 

Supervisor's certificates shall be valid in all the schools of the state 
and in the payment of salaries shall be considered as first grade cer- 
tificates. 

Special Certificates. 

Sec. 92. The state superintendent of free schools shall have au- 
thority, upon the reconunendation of the state board of education, 
to issue special certificates to kindergarten teachers, primary teachers, 
and special teachers and supervisors of music, drawing, physical train- 
ing, home economics, manual training, agriculture, and special teach- 
ers and supervisors of such other subjects as the needs of the schools 
may require. 

Special certificates may be issued upon examination or upon the 
satisfactory completion by the applicants therefor of such courses of 
study as may be approved by the state board of education for the is- 
suance of such certificates. 

Any such special certificate shall be valid for a period of five years 
and shall, upon its expiration or within the year immediately follow- 
ing, be renewable for five-year periods ; provided, that the holder there- 
of has taught successfully or has been otherwise engaged in public 
school work for three years of each five-year period of the life of the 
certificate, and upon such other conditions as the state board of educa- 
tion shall prescribe. 

Special certificates shall be valid throughout the state for the teach- 
ing of the special subjects designated on such certificates and in the 
payment of salaries shall be considered as first grade certificates; pro- 
vided, that in all cases of renewal of high school, supervisors' or spe- 
cial certificates one full year's work in a standard college or university, 
done during the life of the certificate or within the year immediately 



54 School Law oi* West Virginia, 

following its expiration, shall be considered the equivalent of one 
year's teaching on said certificate. 

State Life Certificates. 

Sec. 93, Whenever any person has taught on a certificate of first 
grade or its equivalent for a period of ten years or has been otherwise 
actively engaged in school work for a like period while holding such 
certificate and has shown superior ability or marked progress in his 
work, the state superintendent of free schools shall have authority 
upon the recommendation of the state board of education to issue to 
such person a life certificate which shall be valid in all teaching and 
supervisory positions in the public schools of this state and shall 
remain in force throughout the life of the person to whom it has been 
issued. 

Emergency Certificates. 

94. Upon request of the county superintendent of schools of 
any county the state superintendent of schools may issue emergency 
certificates, under such regulations as shall be prescribed by the 
state board of education, to persons who were unable to take any 
of the regular examinations for reasons that shall be fully explained 
under oath to the state superintendent of schools. For such emer- 
gency certificates a fee of one dollar and fifty cents shall be paid 
to the county superintendent of schools who shall deposit the same 
with the auditor to be credited to the general school fund. Such 
certificates shall not be issued more than once to the same person 
and shall be valid only in the county designated in the certificate 
and shall not be valid after Jmie thirtieth following the issuance 
of the certificate. The grade of such certificates shall be determined 
by the state superintendent of schools and shall be indicated on the 
face of the certificate. 

Misdemeanor. 

Sec. 95. If any county superintendent or assistant intentionally 
violate any official iusti-uctions issued by the state superintendent 
for the conduct of examinations, he shall be guilty of a misdemeanor 
an.d upon conviction thereof shall be fined not less than twenty-five 
and not more than two hundred dollars and confined in Jail not 
less than sixty days nor more than one year, and such conviction 
shall vacate his office. 



School Law of West Virginia. 55 

If any person intentionall}' break or attempt to break the seal of 
a package containing questions for an examination or have any 
of the questions in liis possession without authority of law or in any 
way make any change, alterations, erasures or substitutions in the 
manuscripts during or after the examination or attempt to pass any 
such examination under an assimied name, give or receive help in 
an examination, he shall be guilty of a misdemeanor and upon con- 
viction thereof be fined not to exceed fifty dollars and confined in 
jail not less than ten days. 

Revocation of Certificates. 

Sec. 96. The state superintendent may after ten day's notice 
and upon proper evidence, revoke the certificate of any teacher for 
drunkenness, untruthfulness, immorality, or for any physical, men- 
tal or moral defect Avhich unfits a person for the proper performance 
of his duties as a teacher, or for any neglect or refusal to perform 
his duties or for any other cause which would have justified the 
with-holding thereof when the same was issued. 

Any county superintendent who knows of any immorality or 
neglect of duty on the part of any person holding a certificate 
shall report the same, together with all the facts and evidence, to the 
state superintendent for such action as in his judgment may be 
proper. 

GENEEAL AUTHORITY AND DUTIES OF TEACHERS. 

Teach ers A uth ority. 

Sec. 97. The teacher shall stand in the place of the parent and 
have control of all the children enrolled in his school from tlie time 
they arrive at the school grounds mitil the}^ return to their respective 
homes, and may exclude from his school any pupil having a con- 
tagious or infectious disease, and may suspend any pupil guilty of dis' 
orderly, refractory, indecent or immoral conduct. But the action 
of the teacher in suspending any pui^il shall be subject to review 
by the trustees. The trustees may expel any pupil on complaint 
of the teacher or any person interested if on investigation the con- 
duct of such pupil is fovuid to 1)c detrimental to the progress of 
the school. 



56 School Law of West Virginia, 

Teachers Exempt from Certain Duties. 

Sec. 97I/2. No teacher in this state shall be required to serve on 
any jury nor to work on the roads while his school is in actual 
operation. 

Register and Reports. 

Sec. 98. Every teacher shall keep a daily register and make 
^monthly reports to the secretary of the board of education of his 
district. He shall also keep a term register in which shall be en- 
tered the date of the commencement and termination of the term 
of school, the name and age of every pupil who attended the school 
during the said term, and the daily attendance, distinguishing be- 
tween male and female, the branches taught and the number of 
pupils engaged each month in the study of each branch and such 
other particulars as are required by the forms and regulations pre- 
^scribed by the state superintendent of free schools. 

Payment of TeacJiers. 

Sec. 99. All teachers shall be paid monthly by orders drawn on 
the school treasurer duly signed by the president and secretary and 
countersigned by the county financial secretary, payable out of. the 
teacher's fund. But if the secretary be a teacher the order for his 
-salary shall be signed by the president and one other member thereof. 

Term Register and Report of Enumeration. 

Sec. 100. At the close of the term the teacher shall return the 
term report to the secretary of the board of education who shall 
examine it and if found correct file it in his office and if the enum- 
eration has been properly taken and reported as required in sections 
one hundred and one and one hundred and two he shall issue and 
deliver to such teacher an order for the balance due on his salary 
payable as hereinbefore provided. But unless such register be 
properly kept and returned the teacher shall not be entitled to the 
(payment of the balance of his salary. 

Enumeration. 

Sec. 101. The teacher or teachers in each sub-district or in- 



School Law of West Vieginia. 57 

dependent district shall annually before the close of the school or 
schools, and not later than the first day of April, take and report an 
enumeration of all the youth residing in such sub-district or inde- 
pendent district, who will be of school age on the first day of July 
following, distinguishing between males and females, white and 
colored. 

Classes. 

Sec. 102. The enumeration shall be taken and reported in sepa- 
rate classes as follows: all youth between six and sixteen years of 
age; all youth between six and twenty-one years of age, and all 
youth between eight and fifteen years of age, and, in districts where 
kindergartens have been established by the board of education, all 
children between four and six years of age. The report of enumera- 
tion shall be verified by the affidavit of the person who made it 
to the effect that he used all means in his power to make it; and 
that he believes it to be correct. He shall deliver such report to 
the secretary of the board of education with the term report of such 
school, or not later than the first day of April, and, unless such enu- 
meration be properly taken and reported by the teacher within the 
time required herein, the secretary shall deduct from the last 
month's salary of such teacher such amount as may be necessary to 
defray the expenses of taking said enumeration as hereinafter pro- 
vided for. 

Secretary to Have Enumeration TaJcen. 

< 

f 

Sec. 103. When such enumeration for any district or sub-dis- 
trict is not received by the secretary on or before the first day of 
April, it shall be his duty, without delay, to employ a competent person 
to take and report the same as aforesaid. The person taking and 
reporting such enumeration shall be paid a reasonable compensa- 
tion by the board of education not to exceed two dollars per day, 
for the time necessarily consumed, by an order on the sheriff", out of 
the building fund of the district. 

Record of Enumeration. 

Sec. 101. The secretary of the board of edu-^aiion shall keep a 
record in his office of the enumeration of youth so taken, and shall 



58 School Law of West Virginia. 

annually on or before the fifteenth day of April, transmit a smn- 
mary of such enumeration to the county superintendent of his coun- 
ty, who, not later than the first day of May, shall forward to the 
state superintendent of free schools a summary by districts of the 
enumeration so taken and reported. 

INSTITUTES. 

Time. 

Sec. 105. As a means of improving the teachers and fitting them 
for more effective service in the free schools of the state, teachers'' 
county institutes shall be held annually throughout the state, one or 
more in each county at such places as a majority of the teachers of 
such county may designate by petition to the county superintendent,, 
or by vote at the preceding teachers' institute, and at such time 
between the third week in July and the last week in October, as the 
state superintendent shall, with the advice of the county superintend- 
ent direct, and shall continue each for one week of five days. 

Attendance. 

Sec. 106. Every person employed as a teacher in the free 
schools of the state shall be required to attend a county institute 
for at least five days in the year in which he teaches unless excused 
therefrom for a good and sufficient reason by the county superintend- 
ent of tlie county in which he proposes to teach. For such attendance 
he shall receive pay at the rate of one dollar and fifty cents per 
day for not exceeding five days in any one year, such compensation 
to be paid out of the building fund of the district at the end of his 
term of school. It shall be the duty of the county superintendent 
to see that teachers who do not so attend institute are not allowedl 
to teach during any year in which such failure occurs. 

Instructors. 

Sec. 107. The institute shall be conducted by experienced and 
skillful instructors appointed by the state superintendent of free' 
schools, but it shall be a part of the duty of the county superintend- 
ent, under the instructions of the state superintendent to make all! 
arrangements for the institutes and to assist in conducting them. 



School Law of West Virginia. 59 

Pay of Instructors. 

Sec. 108. The instructors appointed by the state superintendent 
shall each be paid for his services and expenses out of the general 
school fund on the order of the state superintendent, but in no case 
shall the amount so paid exceed one hundred dollars for any one 
institute. 

Enrollment Fee. 

Sec. 109. Every teacher enrolled in a county institute shall pay 
an institute fee of one dollar, seventy-five cents of which shall be 
remitted by the county superintendent to the auditor of the state 
to be paid into the state treasury to the credit of the general school 
fund, and the remainder may be used for incidental expenses and 
for the betterment of the institute, under the direction of the county 
Buperintendent, and an account of said expenses shall be read to 
and approved by the institute before the adjournment thereof, and 
any amount not expended shall be disposed of as the institute may 
direct. 

Fees Expended. 

Sec. 110. The county superintendent shall, at the close of tlie 
institute, forward to the state superintendent a certified list of all 
persons enrolled at the county institute, giving the exact time each 
was in attendance, and a certified statement of the receipts and 
expenditures together with the receipts for all money expended. 

District Institutes. 

Sec. 111. As a further means of improvement among teachers 
the county superintendent shall arrange for and conduct district 
institutes, or teachers' round tables, one or more in each district of 
his county within the school year, and any teacher who shall attend 
his district institute for one school day shall have credit therefor, 
when reported by the county superintendent, in the month in which 
said institute is held, as if actually taught by him. 

Reading Circle. 
Sec. 113. Teachers shall be encouraged to form reading circles 



60 School Law of West Virginia. 

for the purpose of pursuing courses of study in the history of educa- 
tion, school management, methods of teaching, educational psychoioffv 
and kindred subjects, and it shall be the duty of the state superintend- 
ent to prescribe a graded course of study covering a period of two 
years, in the said subjects, to provide for examining those who com- 
plete the said course and to issue certificates of proficiency to such 
persons as pass satisfactory examination thereon. 

COUNTY SUPEKINTENDENT. 
Election. 

Sec. 113. A county supeiintendent of free schools shall be elected 
in each county by the voters thereof, at the general election held on 
the Tuesday after the first Monday in November, nineteen hundred 
and ten, who shall be a resident of the county in which he is elected 
and whose term of office shall commence on the first day of July 
next after his election, and continue for four years and until his 
successor is elected and qualified according to law. The county 
superintendent of free schools shall immediately upon receiving the 
certificate of election from the canvassing board, or the county court, 
forward a written notice thereof to the state superintendent of free 
schools. 

Tie in Vote. 

Sec. a 14. In case of a tie in the vote for a county superintendent 
of free schools, the presidents of the various district boards of educa- 
tion shall at a meeting called for that purpose, at the court house of 
the county, by the county superintendent of free schools, not less 
than six nor more than twelve days after the result of such election 
is ascertained, appoint one of the persons receiving the highest number 
of votes for said office at the said election as county superintendent 
of free schools who shall give notice as aforesaid to the state superin- 
tendent of his appointment. A notice of such meeting shall be made 
out by the county superintendent and served upon the president of 
each district board of education at least three days before the day 
of such meeting in the manner provided by law for the service of 
other process. 

Oath — Bond. 

Sec. 115. The county superintendent shall within sixty days after 



School Law of West Virginia, 61 

his election qualify before the county court of his county or the clerk 
thereof in vacation, by taking the oath of office and executing a bond 
with approved security in the penalty of one thousand dollars condi- 
tioned for the faithful performance of the duties of his office and for 
accounting for and paying over all money coming into his hands as 
such superintendent. And the said clerk shall, within five days after 
said qualification, certify to the state superintendent of free schools 
the name and address of said county superintendent and the fact of 
his executing such bond. 

Vacancy. 

Sec. 116. A vacancy in the office of county superintendent shall 
be filled until the next general election by the presidents of the 
various district boards of education at a meeting to be called for that 
purpose by the clerk of the county court at the court house of the 
county, within thirty days after the vacancy occurs. 

Qualifications. 

Sec. 117. The county superintendent of free schools shall be a 
person of successful experience in teaching or supervising schools; 
he shall hold a first grade certificate or its equivalent; provided, how- 
ever, that nothing herein contained shall affect the eligibility of the 
present county superintendents or county superintendents-elect. 

Salary. 

Sec. 118. The county superintendent shall receive for his services 
an annual compensation as follows : In counties having not more 
than fifty schools, seven hundred dollars; in counties having more 
than fifty schools and not more than seventy-five schools, seven 
hundred and seventy-five dollars; in counties having more than 
seventy-five schools and not more than one hundred schools, eight 
hundred and fifty dollars, and in counties having more than one 
hundred and not more than one hundred and twenty-five schools, nine 
hundred and twenty-five dollars, and in counties having more than 
one hundred and twenty-five schools he shall be allowed two dollars 
for each additional school more than one hundred and twenty-five. 
In addition thereto the county superintendent shall be allowed the 
same compensation for conducting examinations as is allowed his 
assistants; provided, that the salary in no case shall exceed fifteen 



62 School Law of West Vieginia. 

hundred dollars; the county superintendent shall not teach in any 
school, public or private, while the schools of his county are in session 
and should any county superintendent engage in teaching public or 
private school he shall immediately thereupon forfeit his office and 
cease to be entitled to any further remuneration. 

Deductions. 

Sec. 119. The county superintendent shall report on oath to the 
state superintendent the number of schools he has visited during the 
year, in compliance with section one hundred and twenty-one of this 
chapter, and the state superintendent in paying the said county super- 
intendent shall deduct two dollars from the salary of the county 
superintendent for each and every school in his county which the 
county superintendent did not visit up to one hundred and twenty- 
five schools, as provided in section one hundred and eighteen of this 
chapter. 

Payment — Report. 

Sec. 120. Such compensation shall be paid quarterly upon orders 
drawn by the county superintendent on the state superintendent of 
free schools who shall upon receiving the same issue a requisition 
upon the auditor therefor, payable to the said county superintendent, 
or to such person as he may direct. But the payment of the fourth 
quarter shall not be made "until the county superintendent has made 
the report to the state superintendent of free schools as required by 
section one hundred and twenty-three of this chapter and for every 
day after the first day of September before the receipt of the reports 
the state superintendent shall deduct three dollars from the salary of 
the county superintendent unless said reports are delayed by failure to 
receive sheriff's settlements or reports from secretaries of boards of 
education. The salary of the county superintendent shall be paid 
out of the general school fund, and the amount thereof shall be 
deducted by the auditor from the amount next to be distributed to 
each county. 

Visit Schools. 

Sec. 131. The county superintendent shall visit each school within 
his county, not included in an independent district, at least once in 
each school year, at such time as he may deem necessary and proper, 



School Law of West Virginia. 63 

and acquaint himself with the character and condition of each school, 
noting any deficiencies in the government of the school, the classifica- 
tion of the pupils, and the methods of instruction, and shall make 
such suggestions to the teacher, either orally or in writing, in private, 
as may seem necessary or advisable for the good of the school, and the 
progress of the pupils, and for carrying out the prescribed courses of 
study. 

E.va m in c B u iUi in gs. 

Sec. 122. He shall examine the buildings and equipment, noting 
the character and condition thereof, and shall make such suggestions, 
relative thereto, to the trustees and the board of education, as may 
seem advisable. He shall .report to the proper board of education all 
cases of incompetency or neglect of duty, and to the state superinten- 
dent of schools all cases of incompetency, profanity, cruelty or im- 
morality on the part of teachers, and all failures to carry out the 
prescribed courses of study. 

Reports. 

Sec. 123. The county superintendent shall receive and revise the 
reports made to him by the secretaries of the various boards of educa- 
tion, and see that they are in proper form, and accorSing to law; and 
when deficiencies or errors are found to exist he may return them for 
correction. From these reports and such other authentic informa- 
tion as he may obtain he shall make a report to the state superinten- 
dent of free schools on or before the first day of August annually or 
as soon thereafter as possible, setting forth in reference to each 
district of his county for the year ending on the preceding thirtieth 
day of June, the several particulars required in the blanks furnished 
by the state superintendent. 

STATE SUPEEINTENDENT. 

Election — Qualifications. 

Sec. 124. There shall be elected a state superintendent of free 
schools for the state, whose term of office shall be the same as that of 
the governor. He shall be a person of good moral character, of 
temperate habits, of literary acquirements and skill and experience in 
the art of teaching. He shall receive annually the sum of three 



64 School Law of West Virginia. 

thousand dollars in payment for his services to be paid monthly out 
of the general school fund upon the warrant of the auditor. If in the 
performance of any duty imposed upon him by the legislature, he 
shall incur any expense, he shall be reimbursed therefor: provided, 
the amount does not exceed five hundred dollars in any one year. 

NOTE: — The salary of the state superintendent is fixed at four 
thousand dollars and made payable out of the state fund by Acts of 1913. 

Residence and Seal. 

Sec. 125. The state superintendent shall reside and keep his office 
at the seat of government. He shall provide a seal for his office and 
copies of his acts and decisions; and of papers kept in his office, 
authenticated by his signature and official seal shall be evidence 
equally with the original. He shall sign all requisitions on the 
afuditor for payment of money out of the state treasury for school 
purposes, except as hereinafter provided. 

Duties. 

Sec. 126. The state superintendent shall be charged with the 
supervision of all county and city superintendents of free scho^s of 
the state, and shall see that the school system is carried ini© effect. 
He shall prescribe and cause to be prepared all forms and blanks 
necessary in the detail of the system so as to secure its uniform opera- 
tion throughout the state, and shall cause the same to be forwarded 
to the several county superintendents, to be distributed to the persons 
entitled to them. He shall cause as many copies of this chapter and 
such forms, regulations and instructions to be published from time 
to time as he may deem necessary, and shall cause the same to be 
forwarded to the county superintendents, to be distributed to the 
persons entitled to receive them. 

Report. 

Sec. 127. The state superintendent shall on or before the first 
day of January preceding the session of the legislature, make a report 
to the governor, to be by him transmitted to the next regular session 
of the legislature, in regard to the condition of free schools within 
the state, embracing all statistics compiled from the reports of the 
county superintendents and such other authentic information as he 
can procure, which will be necessary to give the proper exhibit of the 



School Law of West Virginia. 65 

working of the system together with such plans as he may have 
matured for the better and more perfect organization and eflBciency of 
the free schools, and all such other matters as he may deem it expedient 
to communicate. 

Jnlerprclation of Law. 

Sec. 138. At the request in writing of any teacher, school officer 
or county officer the state superintendent shall give his interpretation 
of the meaning of any part of the school law and such interpretation 
shall have the force aiid effect of laM^ until overruled by a circuit 
court or tlw supreme court. 

Books for t'^cJiool Libraries. 

Sec. 129. It shall be the duty of the state superintendent to pre- 
pare and publish a list of books suitable for school libraries with the 
order in which they should be provided and to recommend the proper 
editions thereof. 

STATE BOARD OF EDUCATION. 

Appointment — Term of Office — Meetings. 

Sec. 130. There is hereby created a state board of education 
composed of the state superintendent of free schools, and five other 
persons engaged in educational wcirk, appointed by him, no two of 
them from the same congressional district and not more than three 
from the same political party. The said board shall be appointed on 
or before the first day of June, one thousand nine hundred and eight, 
one member for one year, one for two years, one for three years, one 
for four years, and one for five years, and thereafter one each year 
who shall serve for a period of five years. The said board shall as soon 
as possible after their term begins, meet at the call of the chairman 
and at sueli times tlierenfter as four members may det-ermine. 

Courses of Study. 

* Sec. 131. The state board of education shall perform the duties 
heretofore performed by tlic state board of examiners as herein pro- 
vided, and in addition tliereto they shall constitute a committee on 
courses of study and as such committee sliall prescribe a course of 



66 School Law of West A^ieginia. 

study for the public schools of the state, including the elementary 
schools and high schools, and define the relations that each shall bear 
to the other. They shall also prescribe and publish the subjects in 
which applicants shall be examined for the kindergarten, primary, 
high school, supervisors' certificates, and for all special certificates as 
hereinbefore provided. At the request of the state superintendent 
they may assist in the preparation of questions and the grading of 
manuscripts for the several examinations provided for by law. 

Renew'^d of Certificates. 

Sec. 132. All state certificates or other certificates of the rank and 
value of first grade, issued or authorized to be issuad by the state 
board of education prior to this date shall continue in full force and 
effect, and shall be deemed valid to the extent of time for which they 
were issued, and upon their expiration may be renewed or converted 
into other certificates upon such conditions as the state board of 
-education may prescribe. 

Compensation. 

Sec. 133. The members of the state board of education, except the 
state superintendent, shall each receive a compensation of five dollars 
per day and his necessary expenses, payable out of the general school 
fimd on the order of the state superintendent of schools, for the per- 
formance of their duties as members of such board, but no member 
shall receive per diem for more than twenty-five days in any year. 

Report. 

Sec. 134. Said board shall keep a record of its proceedings, show- 
ing the number of applicants for certificates, the details of all trans- 
actions of the board together with such statistics as the state superin- 
tendent may require, and shall report the same to the state superin- 
tendent annually on or before the thirtieth day of September. 

NOTE: — Sections 13 5 and 13 6 are re-enacted as sections 13 3 and 
134, respectively, by Acts of 1915. 



School Law of West Virginia. 67 

SHEIUFFS. 

Collection and Dishursement of School Money — Bond. 

Sec. 137. The sheriff of the county shall receive, collect and dis- 
burse all school money for the county and the several districts and 
independent districts therein. But before receiving or collecting any 
such school money he shall give in addition to his bond as collector 
of the state and county taxes, a bond with approved security in a 
penalty double the amount of school money which will probably come 
into his hands for school purposes during any one year of his term 
of office. 

Pay Orders. 

Sec. 138. He shall keep accounts with the boards of education of 
the various districts and independent districts of the money belonging 
to the teachers^ fund, the building fund, or such other fund as there 
may be, and shall credit every receipt and charge every disbursement 
to the fund to which it belongs. He shall pay out no money ^except 
upon orders of the respective boards specifying the amount to be paid, 
the purpose for Avhich paid and the fund to which it is to be charged, 
signed by the president and secretary and countersigned by the county 
financial secretary; or by the president and one other member, as 
prescribed in section ninety-nine, and countersigned by the county 
financial secretary. 

Annual Settlement ivitli County Financial Secretary. 

Sec. 139. He shall on or immediately before the first day of July 
in each year, settle with the county financial secretary. In this settle- 
ment he shall be charged with the amount of taxes and of general 
school fund apportioned to the district or independent district by the 
county superintendent and the amount of taxes levied by the board of 
education upon the property of the district or independent district 
for the teachers' fund, for the building fund and all other school 
funds, and for any other money received by him during the current 
year on account of the free schools of such district or independent 
district ; and he shall be credited with the amount of delinquent school 
tax in such district or independent district that has been duly certified 
by the clerk of the county court to such board of education. 



68 School Law of West Virginia. 

Payments in Excess. 

See. 140. He shall be credited in such settlements with all orders 
paid and produced by him, if found to be correct by the county finan- 
cial secretary, and he shall receive no other credits except his com- 
mission as hereinafter provided. If any sheriff shall pay out in any 
one year more money on account of the teachers' fund, the building 
fund, or any other school fund, than shall have been levied and could 
have been collected by him during said year, together with the amount 
remaining in his hands from any preceding year, he shall in such 
settlement receive no credits for such excess. 

Method of Settlement. 

Sec. 141. In making said settlement it shall be the duty of the 
sheriff to prepare and present to the county financial secretary, in 
duplicate, separate lists of all the credits claimed by him against each 
of the several school funds collected by him, showing the amount, date 
and number of each voucher or order, and to whom payable, together 
with the statement of the proper debits to the several funds with 
which he is chargeable; which lists and statements together with the 
vouchers claimed as credits by the sheriff shall be examined by the 
county financial secretary and if found correct the said vouchers or 
orders, bonds and interest coupons credited to said sheriff shall be 
indorsed by the county financial secretary on the back of each with the 
words, "Settled by county financial secretary, 191 — ," and shall be 
cancelled with the perforation; and said statements and lists as cor- 
rected shall be signed by said sheriff and by the county financial sec- 
retary, in duplicate,' one copy to be retained by the count}^ financial 
secretary, and the other, together with the vouchers, or orders, and 
cancelled bonds and interest coupons shall be turned over to the 
sheriff who shall thereupon deliver them to the clerk of the county 
court, and the same shall serve as a basis of the settlement required by 
section seven of article twelve of the constitution, and section one 
hundred and forty-two of this chapter. 

Settlement ivith County Court. 

Sec. 142. The sheriff shall also make annual settlements by dis- 
tricts with the county court of his county not later than the tenth 
day of July in each year, showing an itemized statement of all money 
received or disbursed for the preceding year on account of all school 
funds in his hands, showing the amount, date and niimber of each 



School Law of West Virginia. 69 

credit voucher and to whom payable, and the balance due each district 
and independent district on each of said funds; which settlement 
shall be made a matter of record by the clerk of said court in a book 
kept for that purpose; and the clerk shall file a copy of the settle- 
ment, as approved, witli the secretary or other person keeping the 
ifinancial accounts of each board of education. 

Corrections in Settlements. 

Sec. 143. But the settlements made by the sheriff with the county 
financial secretary, as provided in section one hundred and thirty- 
nine, when found correct and properly signed and turned over to the 
clerk of said court, as required by section one hundred and forty- 
one, may be taken and treated as the settlements required to be made 
and recorded by section one hundred and forty-two; provided, how- 
ever, that the prosecuting attorney or any taxpayer of the county 
may appear before said court for the purpose of making corrections, 
in said report, and said court may hear said objections, after reason- 
able notice to the sheriff and county financial secretary, and make 
such corrections as may be proper, and when corrected said settle- 
ments shall be recorded; and said settlements and vouchers turned 
■over to the clerk of said court shall be filed by said clerk by districts. 

Commissions. 

Sec. 144. The sheriff shall receive such commissions as are now or 
may hereafter be provided for by law. 

Failure to Account for Money or Pay Orders. 

Sec. 145. If he shall fail to account for and pay over as required 
by law any money which may come into his hands or for which he 
is liable, judgment may be rendered therefor against him and his 
sureties with interest and ten per cent, damages; and upon the 
failure of such sheriff to pay any proper order issued by the said 
board of education the person entitled to receive the sum of money 
specified in such order may require the sheriff to endorse thereon 
or write across the face thereof the words "presented for payment" 
with the proper date and sign the same, and judgment upon motion 
after at least ten days' notice, may be obtained against the sheriff 
before any justice of his county or before the circuit court thereof, 
with interest from the time said order was presented and ten per 



70 School Law of West Vieginia. 

cent, damages. But a sheriff shall not be required to endorse any 
school order nor shall suit be brought on any such school order prior 
to the first day of November of the current school year. 

Failure to Settle. 

Sec. 146. If any sheriff fails to make the settlement required by 
section one hundred and forty-two at the time required, without rea- 
sonable cause therefor, he shall be charged in said settlement with 
twelve per cent, interest on all school money in his hands for the time 
he is in default in malting the said settlement. 

Action Against. 

Sec. 147. If the sheriff fails to make the said settlement at the time 
required it shall be the duty of the prosecuting attorney to proceed by 
action against him and his sureties in the circuit court to recover the 
fine and penalty imposed upon him by sections one hundred and forty- 
two and one hundred and forty-six. 

Failure of County Financial Secretary to Settle. 

Sec. 148. If any county financial secretary fails to make the settle- 
ment required by section one hundred and thirty-nine of this chapter, 
with the sheriff, when requested by him to do so, he shall be guilty of 
a misdemeanor and upon conviction thereof be fined twenty dollars, the 
proceeds of which fine shall be placed to the credit of the building fund 
of the district. 

Turn Over Balance. 

Sec. 149. And the retiring sheriff shall immediately after he shall 
have made his final settlement in the manner herein provided, pay and 
turn over to his successor in office such balance as may be shown to be 
due from him by said settlement. 

County Superintendent Financial Secretary. 

Sec. 149-a The comity superintendent of free schools in each county 
shall be ex-officio county financial secretary, and as such officer he shall 
have the power and authority and perform the duties herein set forth. 



School Law of West Vieginia. 71 

Duties of Financial Secretary. 

Sec. 149-b. The comity financial secretary shall keep the linancial 
records for all the schools within his county, said records to be kept in 
the form prescribed by the chief inspector under chapter thirty-three, 
acts of one thousand nine liundred aiid eight. He shall countersign 
all legal orders issued by the several boards of education within his 
county before said orders are payable by the sheriff or school treasurer, 
and shall make annual settlements with the sheriff or school treasurer 
for the several school funds, as provided by law ; he shall at the end of 
each month deliver to each board of education a summarized state- 
ment showing the financial condition of their several school funds, said 
statement to be in the form prescribed by the chief inspector under 
chapter thirty-three, acts of one thousand nine hmidred and eight. 

Office and Office Supplies — Compensation. 

Sec. 149-c. The county court of every county shall provide at the 
county seat a suitable office, to be located in the courthouse if there 
be sufficient room, for the county financial secretary, and shall keep the 
same supplied with the necessary furniture, fuel, light, record books, 
stationery, postage and such other things as shall be necessary. The 
county financial secretary shall receive for his services required by this 
act an annual compensation of seventy-five dollars, except that in 
coimties ha^•ing more than one hundred teachers employed for at least 
six months during the year, the annual compensation shall be at the 
rate of seventy-live cents for each teacher so employed, said compensa- 
tion to be based on the number of teachers employed during the 
preceding year, and to be paid quarterly on orders issued by the 
county court drawn on the general county fund. 

Sheriff to Report Condition, of Funds. 

Sec. 149-d. After July first, one thousand nine hundred and thir- 
teen, no sheriff or school treasurer shall pay any order which was drawn 
on a school fund prior to July first, one thousand nine hundred and 
thirteen, until after said order has been countersig-ned by the county 
financial secretary. At the end of each month the sheriff or school 
treasurer shall make a report to the county financial secretary showing 
tJie date, number and amount of each school l)ond and interest coupon 
paid during the month. 



'?'2 School Law or West Vikginia, 

This act shall be in effect on and after July first, one thousand nine 
Siundred and thirteen. 

Mandamus. 

Sec. 150. If any order of the board of education upon the sheriff 
■of the county or judgment or decree for a sum of money against the 
said board be presented to such sheriff without obtaining payment, pay- 
ment thereof may be enforced by the circuit court by mandamus or an 
order for specific levy on the property taxable in the district. 

THE SCHOOL FUND. 

Report of School Fund hy Auditor. 

Sec. 151. The auditor shall annually before tlie first day of Sep- 
tember, deliver to the governor and the state superintendent of free 
schools each a report made up to the first day of July next preceding;, 
■of the condition of "the school fund," with an abstract of the accounts 
thereof in his office, which report the governor shall lay before the 
legislature at its regular session. 

The School Fund — Board of. 

Sec. 152. All such sums as have accrued to this state from the sev- 
eral sources enumerated in the fourth section of the twelfth article 
of the constitution, not in excess of one million dollars, shall be set 
apart as a separate fund to be called "the school fund" and the gov- 
ernor, state superintendent of free schools, auditor and treasurer shall 
be a corporation under the name of "The board of the school fund," 
and shall have the management, control and investment of said fund, 
as provided by the fourth section of the twelfth article of the consti- 
tution. The governor shall be president of the board, and in his ab- 
sence the board shall choose one of their number to preside temporarily 
in his place. The auditor shall be the secretary of the board and all 
meetings of the board shall be held in his office. A record shall be kept 
of all the proceedings and be signed by the president and secretary, 
and a copy thereof, certified by the secretary of the board shall be 
■evidence in all cases in which the original would be. A majority of 
the board shall constitute a quorum for the transaction of business. 



School Law of West Virginia. 73 

Meeting of Board. 

Sec. loS. A meeting of the board of the school fund may be held 
at any time upon the call of any member thereof: provided, notice 
be given to all members who may be at the seat of government. 

Collection. 

Sec. 154. All the money due and payable into the treasury to the 
credit of "the school fund" shall be recovered with interest by action 
or motion in the name of said board, before any court having jurisdic- 
tion, and the attorney general sliall institute and prosecute such action 
or motion when so directed by the board. 

Agents to Collect. 

Sec. 155. The board may appoint agents for the collection of debts 
or claims, and authorize them to secure payment thereof, and to pro- 
tect the interest of the school fmid, on such terms as it may approve. 
They shall take bond from said agents, if any money is to come into 
their hands ; and any agent selling lands, when directed to do so by the 
board, shall execute a deed with the resolution giving such directions 
thereto annexed, conveying to the purchaser by special warranty. Said 
agent may be allowed by the board a compensation not exceeding in 
any case five per cent on the money paid into the treasury. 

STATE SCHOOL BOOK COMMISSION. 

Appointment — Qualifications — Term of Office — Compensation. 

Sec. 155 a. I. There is hereby created a state school book commis- 
sion, which shall consist of the state superintendent of free schools, 
who shall be ex-officio secretary, and eight citizens of the state at least 
five of whom shall be experienced educators of known character and 
ability, and who are at the time of their appointment engaged in 
actual educational work, not more than five of whom shall belong to 
the same political party, who shall be appointed by the governor on 
or before the first day of April, one thousand nine hundred and 
twelve, and every fifth year thereafter; said appointees shall take 
•office thirty days after their appointment and serve for five years, 
imless removed by the governor for good and sufficient cause. 
A'acaneies on said commission shall be filled by the governor by 



74 School Law of West Vieginia. 

appointment. Said appointees shall receive five dollars per day 
for each and every day actually engaged in the work of the 
commission, not exceeding ten days in any one year, and their actual 
necessary expenses in connection therewith. Before assuming the 
duties of office they shall each take an oath or affirmation before some 
one qualified by law to administer the same, to faithfully and hon- 
estly perform their duties as hereinafter prescribed to the best of their 
ability, and that they are in no way interested in the preparation, 
manufacture or sale of any text-books that may be submitted to said 
commission for consideration. Such oath or affirmation shall be filed 
in the office of the stat« superintendent of free schools. 

Contracts. 

Sec. 155 a II. It shall be the duty of the state superintendent of 
free schools during the month of April, one thousand nine hundred 
and eleven, to contract for the period of one year from July first 
following, with the publishers thereof, for such text-books as are now 
in use, and for which county contracts will expire June thirtieth, 
one thousand nine hundred and eleven, said contracts to be made upon 
the same terms and conditions as are contained in the existing county 
contracts. 

Meetings — Bids — Deposits. 

Sec. 155 a. III. The members of the state school book commission- 
shall meet at the office of the state superintendent of free schools 
on the first Tuesday in May, one thousand nine hundred and twelve,. 
and each fifth year thereafter, at which time they shall ask 
various publishers of text-books in the United States to submit 
samples and prices of text-books on all subjects required to be 
taught in the free schools of the state, viz: spelling, reading,. 
writing, arithmetic, language and grammar, physiology and hygiene^ 
civil government, state history. United States history, general 
history, book-keeping, geography, elementary algebra, plane geom- 
etry, elements of agriculture, literature, drawing and English diction- 
aries and such other subjects which from time to time in tlie judgment 
of the board seems necessary and best to serve tlie educational interests' 
of the state. The said commission shall select one of its members as 
chairman, and it shall be his duty to preside at all meetings. All bids 
or proposals shall be under seal, and submitted to the chairman of 
said commission to be opened by him in the presence of said commis- 



School Law of West Virginia. 75 

sion at an executive session to be held at the place aforesaid, on the 
first Tuesday in June following. Each bid or proposal shall be ac- 
companied by a sufficient number of specimen copies of all books 
offered for adoption, to supply each member of said commission. 
When said bids and sample copies are submitted to the chairman of 
said commission, each bidder shall deposit with the state treasurer 
such sum of money as said commission shall designate; such deposit 
to be not less than one thousand dollars nor more than three thousand 
dollars, according to the number of books each bidder may propose 
to supply. Such deposit of any bidder shall be forfeited to the school 
fund of the state, if such bidder shall fail or refuse to make and ex- 
ecute such contract and bond as are hereinafter required, in case of 
the acceptance of such bid on any or all of the books so offered. No 
bid or proposal is to be considered by said commission until such 
deposit is made, and until the commission is informed in writing of 
the name and address of an agent residing in this state upon whom 
process may be served in any action brought against such bidder. 

Selection of Books — Contracts. 

Sec. 155 a. IV. Upon the opening of said bids on the first Tuesday 
in June the said commission, having adopted rules governing its order 
of procedure, shall immediately proceed to the consideration of the 
merits of the books offered, taking into consideration their subject 
matter, j^rinting, binding and their general suitableness for the pur- 
pose intended, as well as the price of said books. Said commission 
shall select and adopt one book, or one series of books, and only one^ 
on each subject mentioned in section three of this act, for uniform 
and exclusive use in the free schools of this state, except as hereinafter 
provided, taking only those which in their best judgment will come the 
nearest accomplishing the ends desired ; provided that no book inferior 
in quality, or of a partisan or sectarian nature shall be adopted, nor 
shall any book be adopted by less than five affirmative votes ; nor shall 
any book or books be changed at the expiration of any five-year con- 
tract made by said commission upon fewer than six affirmative votes. 
When selections and adoptions of books have been properly made, it 
shall be the duty of the chairman of the state school book commission 
to execute contracts therefor with the publishers thereof for a period 
of five years, beginning July first, following. Such contracts shall 
be prepared by the attorney general in accordance with the terms and 
provisions of this act, and shall be executed in duplicate, one copy 
held by the contractors and one by the secretary of said commission. 



76 School Law of West Yieginia. 

It shall be the duty of said secretary to keep a full and complete record 
of the proceedings of the said commission, said record to be kept in 
his office and be opened to the inspection of any citizen of the state. 
Should any successful bidder fail to contract, or, if for any cause any 
book or books adopted cannot be secured, the commission shall pro- 
ceed at once to the selection and adoption of other books in lieu 
thereof. 

Bonds — Return of Deposits. 

Sec. 155 a. V. At the time of the execution of the contract afore- 
said contractors shall enter into a bond in the sum of not less than ten 
thousand dollars, payable to the state of West Virginia, conditioned 
on the faithful and honest performance of their contract; any guar- 
anty company authorized to do business in the state of West Virginia 
may become surety of said bond, and it shall be the duty of the at- 
torney general to prepare and the board of public works to approve 
said bond. After all contracts have been executed as herein pro- 
vided, it shall be the duty of the said commission to notify the state 
treasurer to return all bidders such cash deposits heretofore required 
as have not been forfeited in accordance with the provisions of this 
act, receiving therefor receipt in duplicate, one copy of which shall 
be filed with the state superintendent of free schools. Any deposit for- 
feited in accordance with the provisions of this act shall be placed 
to the credit of the school fund. 

Prices — Copies Preserved. 

Sec. 155 a. VI. It shall be the duty of the state school book commis- 
sion at the last meeting aforesaid to fix the prices at which the various 
books adopted shall be sold to patrons, the excess of which above con- 
tract price representing the profit to the retailer; but in no case shall 
such profit exceed twenty per cent, of the contract price. The state 
superintendent of free schools shall notify each county superintendent 
of the list of books adopted and the prices at which they are to be 
sold and any person selling such books at a higher price than that 
fixed by the state school book commission shall be guilty of a misde- 
meanor, and upon conviction thereof, shall be fined not less than ten 
dollars nor more than fifty dollars. The books furnished during the 
contract period shall be equal in all respects to the sample copies 
furnished the said commission; and it shall be the duty of the state 



School Law of West Vieginia. 77 

superintendent of free schools to carefully preserve in his office as the 
standard of quality, sample copies of all books contracted for. 

Depositories — Exchange — Unauthorized Book FrohibHed — Certain 

Cities Exempt. 

Sec. 155 a. VII. It shall be the duty of each contractor at his own 
expense to place with responsible dealers, in no fewer than three magis- 
terial districts in each county, a sufficient quantity of books to supply 
the demand. He shall also arrange for the exchange of books at such 
places, allowing pupils or boards of education not less than fifty per 
cent of the retail price of new books for the old books of like kind 
and grade displaced. The exchange privilege shall extend through 
one entire school year, and the dealer making the exchange shall be 
allowed by the contractors ten per cent of the cash proceeds of same. 
Any teacher permitting in ■ his school the use of any unauthorized 
book shall be deprived of his salary during the period of such viola- 
tion of this act. Nothing in this act is to be construed as preventing 
the use of supplementary readers; provided, they do not displace the 
adopted readers, nor the use of more advanced books in such schools as 
may be ready for the same. Boards of education in cities and inde- 
pendent districts containing thirty-five hundred population or more 
may reserve the right to select their own text books ; but should they 
elect to use any of the books adopted by the state school book commis- 
sion they shall purchase them upon the same terms as hereinbefore 
provided, and shall not change them out during the period such books 
are under contract. 

Uniform Prices. 

Sec. 155 a VIII. Should any contractor furnish the same books 
contracted for in this state, at lower prices to any other state, city or 
county in the United States than the contract prices in this state, like 
conditions prevailing, the same reduction shall immediately be made 
in this state, and the state school book commission is directed to re- 
quire compliance with this provision on penalty of cancellation of 
contract with such contractor. 

List of Titles and Prices. 

Sec. 155 a. IX. It shall be the duty of any contractor to prepare 
printed lists, showing the exact titles of his books, the prices at which 



78 School La,w of West Vieginia. 

same are to be sold by the dealers, and the prices of same when cor- 
responding old books are given in exchange, and send to each county 
superintendent a sufficient number to supply every teacher in the 
€ounty. It shall be the duty of each county superintendent to see 
that the teachers of his county display such printed lists for the in- 
spection of the pupils. 

Penalties. 

Sec. 155 a. X. Complaint in writing to any board of education of 
any district, by any citizen, or by any contractor to the effect that a 
teacher of such district is permitting the use of unauthorized books in 
his school, shall be deemed sufficient cause for investigation by said 
board of education, and if such complaint is found to be true, the 
board shall inflict the penalty provided in section seven of this act. 
Members of boards of education who fail or refuse to perform the 
duties required of them in this section shall be guilty of a misde- 
meanor, and upon conviction thereof before any justice of the peace, 
shall be fined not less than twenty-five dollars, nor more than fifty 
dollars. 

State Not Liahle. 

Sec. 155 a. XI. It shall be a part of the terms and conditions of any 
contract made in pursuance of this act that the state of West Virginia 
shall not be liable, in any manner, in any sum whatsoever ; but all said 
contractors shall receive their pay solely from the several dealers in 
each of the coimties of the state provided in section seven of this act. 
Such contract . shall also provide that any pupil, parent or teacher 
may order books direct from the contractors and receive them pre- 
paid at the prices fixed by the state school book commission for their 
sale by dealers in the several counties. Provided, however, that the 
pay for same shall accompany the order. 

Expenses of Commission. 

Sec. 155 a. XII, The sum of one thousand dollars, or so much 
thereof as may be necessary, for the year one thousand nine hundred 
and twelve and each fifth year thereafter is hereby appropriated for 
the purpose of defraying the expense of the state school book com- 
mission, as hereinbefore provided. The bills for such expenses shall 



School Law of West Virginia. 79 

be approved by said commission and presented in the usual way for 
payment out of the state treasury. 

Gifts or Bribes.. 

Sec. 155 a. XIII. Any member of the state school book commission 
who shall receive, solicit or accept any gift, present or thing of value to 
influence him in his vote for the adoption of books, or any person who 
shall either directly or indirectly give or ofEer to give any such gift, 
present or thing of value to any member of said state school book 
commission to ijifluence him in voting for the adoption of books shall 
be guilty of a felony, and upon conviction thereof shall be punished 
by confinement in the penitentiary of this state not less than one year 
nor more than thi-ee years. 

Bepeal. 

Sec. 155 a. XIY. All acts or parts of acts inconsistent with this act 
are hereby repealed; but nothing in this act contained shall be con- 
strued as repealing sections thirty-five and thirty-six of chapter twenty- 
seven of the acts of the Legislature of West Virginia of the extra 
session of 1908. 

MISCELLANEOUS PEOVISIONS. 

No School Teacher or Officer to Act as Agent — Penalty. 

Sec. 156. No school officer or teacher of any free school shall act as 
agent for any author, publisher, bookseller, or other person to introduce 
or recommend the use of any book, apparatus, furniture, or other 
articles whatever, in any free school of this state, or directly or indi- 
rectly contract for or receive any gifts or reward for so introducing or 
recommending the same, nor shall any such school officer or teacher be 
otherwise interested in the sale, proceeds or profits of any book or other 
things used, or to be used in said schools : provided, that nothing herein 
shall be construed to apply to any book written, or thing invented by 
such person. 

Misdemeanor. 

Sec. 157. Any person violating the provisions of section one hun- 
dred and fifty-six shall be guilty of a misdemeanor, and upon convic- 



80 School Law op West Vieginia. 

tion thereof be fined not less than fifty nor more than one hundred 
dollars. 

No School Officer to he Interested in Contract. 

Sec. 158. No county superintendent, member of a board of educa- 
tion, or trustee of any sub-district, shall directly or indirectly become 
personally interested in any contract for building or repairing 
school houses in his district, or be or become directly or indirectly, 
pecuniarily interested in the proceeds of any contract in the award or 
letting of which, he may have any voice or control ; any county super- 
intendent, member of such board, or anv trustee, violating this sec- 
tion, shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not less than fifty and not more than one hundred dol- 
lars. 

Penalty Not Otherwise Provided. 

Sec. 159. If any officer or teacher, fail to perform any duty required 
of him by this chapter or violate any provision thereof and there is 
no other fine or punishment imposed therefor, by law, he shall be fined 
not less than three nor more than ten dollars, for every such offense, 
to be recovered before a justice of the peace of the county ; and such 
fine shall not impair or affect his liability for damages to any person 
injured, nor the liability of himself and his sureties on his official 
bond. If the board of education of any district or independent school 
district, fail to perform any duty required, each member of such board 
shall be liable to the full penalty imposed by this section, unless he 
show that he was not guilty of any neglect or default in the premises. 

Special Elections. 

Sec. 160. Whenever any special election is to be held under the 
provisions of this chapter, the time, place and manner of holding and 
conducting the same, and the manner of certifying the result thereof 
shall be first fixed and determined by the board ordering the same to 
be held, and shall conform as nearly as practicable under all the 
circumstances to the law now in force as to general elections. 

Definitions. 

Sec. 161. The words used in this chapter and in any proceedings 
♦pursuant thereto, shall, unless the context clearly indicates a different 



School Law of West Yieginia. 81 

meaning, be construed as follows : ( 1 ) "School" shall mean the pupils 
and teacher or teachers assembled in one room. (2) "Primary schooP 
shall mean a school graded according to the scheme formulated by the 
common course of study and devoted exclusively to instruction in a 
part or all of the work prescribed for the primary grades. (3) "Gram- 
mar" or "Intermediate school" shall mean a school graded according to 
the scheme formulated by the committee on course of study and devoted 
exclusively to instruction in a part or all of the work prescribed for the 
grammar grades. (4) "High school" shall mean a school or schools 
graded according to the scheme formulated by the committee on course 
of study and devoted exclusively to instruction in all of the work pre- 
scribed for the high school grades. (5) "Graded school" shall mean a 
school of two or more rooms, graded according to the scheme formu- 
lated by the committee on course of study in which a part of the work 
is done in one room and more advanced work in the next room, there 
being a regular gradation in the work from one room through all the 
rooms from the lowest or most elementary to the highest. (6) "Holi- 
day" shall mean the first day of Januar}^, the twenty-second day of 
Feljruary, the thirtieth day of May, the fourth day of July, the first 
Monday in September, the twenty-fifth day of December, a day on 
which an election is held throughout the state, and a day appointed 
by the governor of the state for a public fast or thanksgiving. (7) 
"Apparatus" shall mean maps, charts, globes, arithmetical blocks, rules, 
pointers, dictionaries and atlases. (8) "District" shall not mean inde- 
pendent district. 

Flags Displayed. 

Sec. 1G2. The board of education may out of the building fund pur- 
chase United States flags four by six feet, of regulation bunting, for 
school houses in their district, and require the same to be displayed 
over such school houses during the time the school is in session. 

District Stipe rvision. 

Sec. 1G3. The l^oard of education of any district ma}', and upon 
the application in writing of a majority of the taxpayers of the district 
shall provide for district su]iervision of all the county, village and town 
schools in the district and establish rules and regulations necessary 
thereto. To this end they shall, if so requested, employ a competent 
teacher, holding a first grade certificate who shall devote his time dur- 



82 School Law of West Virginia. 

ing the school term to the thorough, careful and profitable supervision 
of such schools and as such district superintendent shall have and exer- 
cise all the poAvers, duties, and privileges usuall}^ conferred upon city 
superintendents. But nothing contained herein shall prevent such 
boards of education from emplojang and authorizing the principal of 
any graded school in the district to perform the duties of a district 
superintendent in addition to his duties as such principal : provided 
that he shall devote at least half of the time to such superintendence. 

The district superintendent shall receive such salary as the board 
of education may determine, to be paid out of the teachers' fund of the 
district as provided in the case of teachers. 

District superintendents shall make such reports as may be required 
by the state superintendent of free schools. 

Board May Talce Charge. 

Sec. 164. The board of education may take charge of schools so 
supervised and appoint the teachers therefor and may provide that all 
the schools in the district shall begin on the same date. 

Text-hoolcs. 

Sec. 165. All the provisions of law now in force and effect for the 
adoption of text-books shall continue operative until changed by law. 

THE WEST VIRGINIA UNIVERSITY. 

Location. 

Sec. 166. The West Virginia university shall hereafter remair 
where now located and shall continue to be known as the West Virginia 
university. 

Regents. 

NOTE— Sections 167, 168, 169, 170. and 171 relating to the con- 
trol and management of the University were repealed in 1909 by an act 
creating the State Board of Control and the State Board of Regents. 
These boards have charge of all State institutions. For complete text 
of this law see page 94. 

Departments. 

Sec. 172. The regents shall establish and maintain in the univer- 
sity, in addition to the preparatory department, such colleges, schools. 



School Law of West Virginia. 83 

departments, divisions, chairs, and courses of study as may be expe- 
dient and possible, and shall prescribe the conditions for graduation 
therein and confer the proper degree, and the diploma issued on grad- 
uation to any student who has taken at least six courses in the depart- 
ment of education in said institution shall be equivalent in all respects 
to and shall entitle the holder thereof, upon application in due form tc 
the state superintendent, to a first grade certificate in duplicate. 

That, in order to promote the improvement and advancement of 
agriculture, domestic science and rural life among the people of the 
several counties of the State of West Virginia, there be and is hereby 
created and established in the college of agriculture, at West Virginia 
university, an agricultural extension department to be co-ordinate 
with the department of instruction and the agricultural experiment 
station. 

The work of the agricultural extension department of the college of 
agriculture shall be conducted under such rules, regulations and meth- 
ods as may be prescribed by the state board of regents and every expen- 
diture under this act shall be approved by the state board of control, 
and said work shall consist of holding extension schools in the various 
counties of the state, at which instruction shall be given in soil fertility, 
horticulture, stock-raising, crop production, dairying, domestic science 
and kindred subjects; of conducting farmers' institutes; of giving 
demonstrations in orcharding, soil improvement, and crop production ; 
of furnishing speakers and exhibits for special agricultural trains; of 
giving instruction and demonstrations at agricultural fairs, farmers' 
institutes, clubs, granges, or other organizations that may be useful in 
extending agricultural knowledge; of conducting, in co-operation with 
the United States department of agriculture, boys' and girls' agricul- 
tural clubs ; of recommending county agricultural agents and supervis- 
ing and assisting them in advancing the agricultural interests of their 
respective counties; of giving instruction by mail in agriculture, do- 
mestic science, and kindred subjects; of publishing bulletins, circulars, 
and newspaper articles; and of such other methods as may carry the 
benefits of the work of the colleges of agriculture, the agricultural ex- 
periment station and the United States department of agriculture 
to the people of the several counties of the State ; and all such itinerant 
educational work in agriculture and home economics carried on under 
appropriations by or to this State shall be under the control and super- 
vision of said agricultural extension department. 



84 School Law of West Vieginia. 

Cadets. 

Sec. 173. Besides prescribing the general terms upon which stu- 
dents may be admitted to the university, the regents may admit, as 
regular students therein, not more than six hundred cadets in the mili- 
tary department. Such cadets shall not be under sixteen years of age 
nor over twenty-four years of age. Their term of service shall be four 
years, but any cadet at the expiration of his first term shall be entitled 
to re-enlist for the further term of two years upon giving notice of his 
intention to the commandant of cadets at least thirty days before the 
expiration of such term. 

Free Tuition. 

Sec. 174. The cadets admitted under the provisions of the preced- 
ing section shall be entitled to all the privileges, immunities, educa- 
tional advantages and benefits of the university, free of charge for ad- 
mission and tuition ; and each of them may have books and stationery 
to the value of fifteen dollars in any fiscal year, free of charge. The}' 
shall constitute the public guard of the university and the property 
belonging thereto, and also of the ordnance and ordnance stores and 
camp and garrison equipage, of which a sufficient supply shall be kept 
in the arsenal belonging to the institution; and said cadets shall be 
individually and collectively responsible for the preservation and safe- 
keeping of all arms and camp equipage belonging to said institution. 

Endovjment. 

* Sec. 175. The funds derived from the sale of United States land 
warrants which have been donated to this state for the purpose of 
endowing an agricultural college shall be invested by the board of the 
school fund in a loan of public stock of the United States or other- 
wise, as required by congress, for the use and benefit of the said 
university. 

State Treasurer to Receive Grant. 

*Sec. 176. For the use and purposes of the West Virginia Uni- 
versity there is hereby set apart the sum of twenty thousand dollars out 



*See Appendix A for law creating a state board of control and a state board of 
res'cnts. 



School Law of West Virginia. 85 

of the animal appropriation inado by the act of congress, approved 
August thirtieth, eighteen hundred an<] ninct}', and the treasurer of 
this state is hereby designated as the proper othcer to receive from the 
secretary of the treasury of the United States the said sum of money 
to be paid this state under said act of congress. He shall keep an exact 
account of the money so received and shall place it to the credit of the 
West Virginia university to be paid on the order of the board of re- 
gents. And said treasurer shall include in his biennial report to the 
governor the statement of his receipts and disbursements under this 
provision. 

THE STATE NtQEMAL SCHOOLS. 

Marshall College. 

Sec. 177. The "West Virginia state normal school," established 
under and by virtue of an act passed February twenty-seventh, one 
thousand, eight hundred and sixty-seven, entitled "An act for the es- 
tablishment of a state normal school," shall be and remain at Marshall 
College, in the coimty of Cabell, as provided in said act, and all the 
provisions of said act, and all other acts in relation thereto, shall be 
and remain in full force, except so far as the same may be altered by 
this chapter. 

Board of Begcnts. 

N'ote. Sections 178, 179 and 180 relating to the control and man- 
agement of the State Normal School and its Branches were repealed 
in 1909 by an act creating the State Board of Control and the State 
Board of Eegents. These boards have charge of all State institutions. 
For complete text of this law see page 94. 

Fairmont Branch. 

Sec. 181. The branch of the state normal school established at 
Fairmont, under and in pursuance of the act passed March fourth, one 
thousand eight hundred and sixty-eight, entitled, "kn. act providing 
for the purchase of the West Virginia normal school at Fairmont," 
shall be and remain at that place, and all provisions of said act shall 
remain in full force, except so far as the same may be altered by this 
chapter. Said school shall be under the jurisdiction and control of the 



86 School Law of West Vieginia. 

regents of the state normal school, in the same manner and to the same 
extent as the state normal school at Marshall college. 

West Liberty Branch. 

Sec. 183. The branch of the state normal school established at 
West Liberty, under and in pursuance of the act passed March firsts 
one thousand eight hundred and seventy, entitled, "An act to establish 
a branch normal school at West Liberty, in Ohio county," shall be 
and remain at that place, and all provisions of said act shall remain 
in full force, except so far as the same may be altered by this chapter. 
Said school shall be under the jurisdiction and control of the regents- 
of the state normal school, in the same manner and to the same extent 
as the state normal school at Marshall college. 

Olenville Branch. 

Sec. 183. The branch of the state normal school established at 
Glenville under and in pursuance of the act passed the nineteenth daj 
of February, one thousand eight hundred and seventy-two, entitled,. 
"An act to establish a branch normal school at Glenville, Gilmer coun- 
ty," shall be and remain at that place, and all the provisions of said 
act shall remain in full force except so far as the same may be altered 
by this chapter. Said school shall be under the jurisdiction and control 
of the regents of the state normal school in the same manner and tO' 
the same extent as the state normal school at Marshall college. 

Shepherdstown Branch. 



Sec. 181. The branch of the state normal school established at 
Shepherdstown, under and in pursuance of the act passed and ap- 
proved Febrtia.ry fourteenth, one thousand eight hundred and seventy- 
two, entitled, "An act to establish a branch normal school at Shepherds- 
town, in the county of Jefferson," shall be and remain at that place and 
all the provisions of said act shall remain in full force except so far as 
the same may be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the state normal school, 
in the same manner and to the same extent as the state normal school 
at Marshall college. 



School Law of West Virginia. 87 

Athens Branch. 

Sec. 185. The branch oi' the state normal school at Athens, in 
Mercer comity, established by the act passed the twenty-eighth day of 
February, one thousand eight hundred and seventy-two, entitled "An 
act to locate a branch state normal school at Concord in the county 
of Mercer," shall be and remain at that place and all the provisions 
of said act shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under the jurisdiction 
and control of the regents of the state normal school in the same 
manner and to the same extent as the state normal school at Marshall 
college. 

Control and Management. 

Note. Sections 186 and 187 relating to the control and manage- 
ment of the State Normal School and its Branches were repealed in 
1909 by an act creating the State Board of Control and the State 
Board of Eegents. These boards have charge of all State institutions. 
For complete text of this law see i)age 94. 

Xoriiial Training for Colored Teacliers. 

Sec. 188. The state superintendent of free schools shall if possible, 
in every year, make arrangements with some suitable institution of 
learning in this state for the education and normal school training of 
a number of colored teachers in proportion to the colored population 
of the state Avhich the non-paying white students in the normal 
schools bear to tlic white population of the state; but the. amount to 
be paid for such education and normal school training shall be in the 
same proportion to tlie amount expended for the pay of teachers in 
the normal schools and its branches as the said colored teachers are 
in proportion to tlie number of students in the normal school and 
branches. And the said amount shall be paid by the state superinten- 
dent of free schools at the end of each school month as provided in the 
case of the normal school and branches. 

MONTGOMERY PREPAEATOKY BEANCH OF THE WEST 
VIEGINIA UNIVEESITY. 

Location. 

Sec. 189. The preparatory branch of tlie state university hereto- 
fore established at MontcfomcrA-. sluill remain where now located and 



88 School Law of West Virginia. 

shall be known as the Montgomery preparator}' branch of the West 
Virginia university, by which name it shall have and hold all property, 
funds, investments, rights, poAvers and privileges granted b}' this act, 
by request, private subscrijjtions, donation or otherwise. 

Control and Management. 

Note. Sections 190, 191, 192, 193, 194 and 195 relating to the 
control and management of the University Preparatory School located 
at Montgomery were repealed in 1909 by an act creating the State 
Board of Control and the State Board of Kegents. These boards have 
charge of all State institutions. For complete text of the law see 
page 94-. 

KEYSEE PEEPAEATOEY BEANCH OF THE WEST 
VIEGINIA TJNIVEESITY. 

Location. 

Sec. 196. The preparatory branch of the state university hereto- 
fore established at Keyser shall remain where now located and shall 
be known as the Keyser ^preparatory branch of the West A^irginia 
University, by which name it shall hold all the property, funds, invest- 
ments, rights, powers granted, and may receive and hold by bequest, 
private > subscriptions, donations or otherwise, money and other 
property. 

Control and Management. 

Note. Sections 197, 198, 1981/2, 199, 200, 201, 202 and 203 relat- 
ing to the control and management of the University preparatory 
School located at Keyser were repealed in 1909 by an act .creating the 
State Board of Control and the State Board of Eegents. These boards 
have charge of all State institutions. For full text of the law see 
page 94. 

THE WEST VIEGINIA COLLEGIATE INSTITUTE. 

Act of Congress. 

Sec. 204. An act accepting the provisions of the act of congress, 
approved August thirtieth, eighteen hundred and ninety, entitled "An 
act to apply a portion of the proceeds of the public lands to the more 



School Law of West Virginia. 89 

complete endowment and support of the colleges for the benefit of 
agriculture and the mechanic arts, established under the provisions 
of an act of congress, approved July second, eighteen hundred and 
sixty-two," and providing for the apportionment of said endowment 
according to the provisions of said act. 

Whereas, The congress of the United States of America, by an act 
approved August thirtieth, eighteen hundred and ninety, entitled, 
"An act to apply a portion of the proceeds of the public lands to the 
more complete endowment and support of colleges for the benefit of 
agriculture and the mechanic arts, established under the provisions of 
an act of congress approved July second, eighteen hundred and sixty- 
two," made an appropriation to each state and territory of fifteen 
thousand dollars for the year ending June thirtieth, eighteen hundred 
and ninety; and an annual increase of said appropriation thereafter 
for ten years by the additional sum of one thousand dollars over the 
preceding year, after which time the annual amount so appropriated 
will be twenty-live thousand dollars f©r the more complete endowment 
and maintenance of the colleges established under the act of congress 
last aforesaid, "to be applied only to instruction in agriculture, the 
mechanic arts, the English language, and the various branches of 
mathematical, physical, natural and economic science, with special 
reference to their application in the industries of life; and to the 
facilities for such instruction," and 

AVhereas, By proviso in said act no state can obtain the benefits 
thereof where facilities are not provided for the instruction of colored 
students in said branches of study, either in the same institution or 
in i^eparate institutions, and the legislatures of the several states are 
required to make an equitable division of said annual appropriation 
where such separate institutions are provided and report the same to 
the secretary of the interior, and 

Whereas, The constitution of the state of West Virginia forbids the 
■education of white and colored youth in the same state schools ; and 
this state having heretofore made no provision for the separate educa- 
tion of colored youth in agricultural and mechanic arts; and the 
enumeration of the white and colored youth of this state of school age, 
being about two hundred and fifty thousand white and twelve thousand 
colored, it being the duty of this state to indicate a reasonable propor- 
tion of said appropriations to be set apart annually for the instruction 
of the colored youth of the state, the sum of three thousand dollars is 
liereby indicated as an equitable portion of said appropriations for five 
jcars from the date of the passage of this act, and after that time five 
thousand dollars as long as such appropriation continues; and 



90 School Law of West ViKGiisriA. 

Whekeas^ By the terms of the said act of congress of the United 
State, approved August thirtieth, eighteen hundred and ninety, it is 
necessary, in order to enable this state to share in the appropriations 
so made and to be made under the provisions of said last recited act, 
for the legislature to accept of the provisions of said act for and on 
behalf of this state, and to make proper and suitable provisions for 
said act upon which this state will be entitled to her distributable 
share of said appropriations, and to designate the institutions of learn- 
ing to become the beneficiaries of said appropriations, and the officer 
of this state to whom the money shall be paid by the United States for 
the use of said beneficiaries. 

Therefore, Be it Enacted iy the Legislature of West Virginia: 
Acceptance of Grant. 

Sec. 205. The legislature of the state of West Virginia hereby 
accepts for said state, the terms and provisions of the said act of 
congress of the United States approved August thirtieth, eighteen 
hundred and ninety, for the objects and purposes mentioned and 
declared therein, and designates "The West Virginia university,'^ 
established in pursuance of the act of congress of the United 
States passed July two, eighteen hundred and sixty-two, and a sub- 
sequent act passed by said congress on April nineteen, eighteen 
hundred and sixty-four, at Morgantown, in the county of Monongalia 
in this state as a beneficiary of said appropriation for the instruction 
of white students, and an institution to be located and provided for 
the purpose as hereinafter required and directed, in the county of 
Kanawha, to be called "The West Virginia Colored Institute,'' for the 
beneficiary of said appropriation for the instruction of colored stu- 
dents, to be paid to each in the proportion mentioned in the preamble 
to tills act. And the said institution by the name of "The West 
Virginia Colored Institute," shall have and hold all the property^ 
funds, rights, powers and privileges hereinafter mentioned. 

Sec. 205-a. The institution for the instruction of colored students- 
located at Institute, in the cOunty of Kanawha, and designated by an 
act of the legislature of one thousand eight hundred and ninety-one,, 
regular session, chapter sixty-five, as "The West Virginia colored 
institute," shall hereafter be designated and known as "The West 
Virginia collegiate institute," and shall have and hold all the property,, 
funds, rights, powers and privileges granted to said institution in 
said chapter sixty-five of the acts of the legislature of one thousand 



School Law of West Virginia. 91 

eight hundred and ninety-one, regular session, and such as have been 
or may be granted to it by the acts of the legislature of this state. 

Control and Management. 

Note — Sections 206 and 207 relating to the control and management 
of the "West Virginia Collegiate Institute located at Institute were 
repealed in 1909 by an act creating the State Board of Control and the 
State Board of Kegents. These boards have charge of all state insti- 
tutions. For full text of the law see page 94. 

College Courses and Extension Work Authorized. 

Sec. 207-a. The board of regents shall establish and maintain in 
the West A-^irginia Collegiate Institute, in addition to the departments 
already established, such college courses of study as may be expedient 
and possible, and shall prescribe the conditions for graduation therein 
and confer the proper degrees and. issue the proper diplomas to those 
who complete such courses. 

The West Virginia Collegiate Institute shall have power and au- 
thority to do extension work in agriculture, home economics and 
such other subjects as the board of regents may direct among the negro 
population of West Virginia. 

Control and Management. 

Note — Section 208 relating to the control and management of the 
West Virginia Collegiate Institute located at Institute Avas repealed 
in 1909 by an act creating the State Board of Control and the State 
Board of Eegents. These Boards have charge of all state institutions. 
For full text of the law see page 94. 

State Treasurer to Receive Grants. 

Sec. 209. The treasurer of this state is hereby designated as the 
officer to receive from the secretary of the treasury of the United 
States the said several smns of money so to be paid to this state afore- 
said, for the uses and purposes aforesaid. He shall keep an exact 
accomit of the moneys so received, and shall place to the credit of 
each of said beneficiaries thereof, its due proportion of the same. 
The sums so placed to the credit of the West Virginia University 
shall be paid out by him on the order of the board of regents thereof. 



'92 School Law of West Virginia. 

and the sums so placed to the credit of the West Virginia colored 
institute, shall be paid out by him on the order of the board of regents 
of said institute. And said treasurer shall include in his biennial 
report to the governor a statement of his receipts and disbursements 
Tinder the provisions of this act. 

Site and Buildings. 

Sec. 210. It shall be the duty of the board of the school fund to 
proceed with all reasonable dispatch to procure the necessary quantity 
of farming land not exceeding fifty acres in all in some suitable and 
proper locality in the county of Kanawha, with a title thereto clear 
and unquestionable, and to erect the necessary buildings and make 
the necessary improvements thereon, for the purposes of this act, and 
to comply in good faith with the terms and conditions, and to carry 
into effect the objects and purposes of the acts of congress in making 
said appropriations. 

BLUEFIELD COLOEED INSTITUTE. 

Location. 

Sec. 211. The Bluefield colored institute shall remain where now 
located, and shall be known as the "Bluefield Colored Institute," 
by which name it shall have and hold all the property, funds, invest- 
ments, rights, powers and privileges created by this act, by bequest, 
private subscription, donation or otherwise. 

Control and Management. 

Note. Sections 212, 213, 214, 215, 216, 217 and 218 relating to 
the control and management of the Bluefield Colored Institute located 
at Bluefield were repealed in 1909 by an act creating the State Board 
of Control and the State Board of Eegents. These boards have charge 
of all state institutions. For full text of the law see page 94. 

Certain Sections Omitted. 

Note — Sections 219 to 265, both inclusive, are a part of chapter 45 
of the Code and relate to the control and management of The West 
Virginia School for the Deaf and the Blind; the West Virginia Indus- 



School Law of West Virginia. 93 

trial School for Boys, and the West Virginia Industrial Home for 
Girls. These sections are omitted from this edition of the school law 
because the State Superintendent is not charged with the control and 
management of these institutions. The full text of the laws governing 
these schools may be secured from the State Board of Control, Char- 
leston. 

Conflicting Acts Repealed. 

Sec. 266. All acts and parts of acts inconsistent with the provi- 
sions of this chapter are hereby repealed. 



APPENDIX A 



STATE BOAED OF CONTEOL. 

Row Constituted. 

Sec. 1. The state board of control, created by chapter fifty-eight 
of the acts of the legislature of one thousand nine hundred and nine, 
shall continue, and shall be a corporation, and have and use a com- 
mon seal. It shall consist of three members, not more than two of 
whom at the time of appointment shall belong to the same political 
party, to be appointed by the governor by and with the advice of the 
state senate. The term of office shall be six years. The members 
now in office shall serve to the end of their respective terms, unless 
sooner removed as herein provided. The governor may remove any 
member for incompetency, neglect of duty, drunkenness, gross immor- 
ality, malfeasance in office, or for other good cause, and fill the va- 
canc}^ made by any such removal, or made by death, resignation or 
otherwise, by appointment for the unexpired term. The salary of 
each member shall be five thousand dollars per year, to be paid month- 
ly; and each shall be paid his actual traveling and other necessary 
expenses when absent from the state capital on official business. The 
board shall be provided with an office at the state capital, and with 
such furniture and clerical and other assistance as shall be necessary. 
The members shall give their entire time to the discharge of the 
duties of their office. The board shall choose one of their members 
president, and another treasurer. They may select a secretary and 
such other officers as they may deem best. The offices of treasurer 
and secretary may be held by the same ' member. Before entering 
upon the duties of his office, each member shall take and subscribe the 
oath of office prescribed by the constitution, the certificate whereof 
shall be filed with records of the board, and he shall give bond in the 
penalty of ten thousand dollars, conditioned for the faithful perform- 
ance of the duties of his office, and to account for and pay over ac- 
cording to law all moneys or other thing of value which shall come 
into his hands or under his control by virtue of his office; but the 
treasurer's bond shall be in the penalty of twenty-five thousand dol- 



School Law of West VipvGInia. 95 

iars, wliich sliall cover his liability as a member, and as the treasurer, 
The board ma\- cause the surety iu any of such bonds to be a surety 
or bonding company authorized to do business in this state, and pay 
the costs thereof out of its current or contingent expense fund. All 
such bonds shall be appro\'ed as to form by the attorney general, and 
as to sufficiency l-)y the governor, and when so approved shall be 
filed and recorded in the office of the secretary of state. In the ab- 
sence of the president or of the treasurer from the state capital, or 
in the disability of either, the duties of his office may be performed 
liy another member of the board. All deeds, contracts, agreements 
a,nd other such writings may be executed by the state board of control 
by the signing of the name of the board thereto by the president, and 
impressing the seal of the board therein, attested by the signature 
of the secretary ; and when so executed any such deed, contract, agree- 
ment or other such writing shall be deemed the act and deed of said 
board, and shall be admitted to record in the office of the clerk of the 
county court, and in any other office or place where writings are ad- 
mitted to record. 

Expenses. 

Sec. 2. Before any expenses of any member of the board of con- 
trol or of the board of regents, or of any officer or agent thereof, or 
before any expenses incurred liy any person under the direction of 
either of said boards, or the expenses of any officer or employee of 
any institution under the charge of said boards, shall be paid, a full 
written statement of every item of such expenditure, shall be presented 
to the auditor, duly verified, which verification shall state that the ex- 
pense bill is just, accurate and true, and is claimed for cash ex- 
pended for the purposes named in the statement. Unless the state- 
ment is so \eriiied and duly audited, payment thereof shall not be 
made. 

CopJro! and Management of Certain Institutions. 

Sec. 3. The l^oard of control shall have full power to manage, 
direct, control, and govern the West Virginia asylum, the second 
hospital for the insane, the West Virginia hospital for the insane, the 
West Virginia penitentiary, the West Virginia reform school, the 
West A'irginia industrial home for girls, miners' hospital No. 1, 
miners' hospital ISTo. 2, miners' hospital ISTo. 3, and the schools for 



96 School Law of West Virginia. 

the deaf and the blind and such other institutions, except educational. 
as may hereafter be created by law. 

Names of Certain Institutions Changed. 

Sec. 3-a. From and after the thirtieth day of June of the year 
one thousand nine hundred and fifteen, the name of the West Virginia 
asylum shall be changed to Huntington state hospital ; the name of the 
second hospital for the insane shall be changed to Spencer state 
hospital; the name of the West Virginia hospital for the insane shall 
be changed to Weston state hospital; the name of miners' hospital 
number one, shall be changed to Welch hospital number one ; the name 
of miners' hospital number two, shall be changed to McKendree 
hospital number two ; the name of miners' hospital number three shall 
be changed to Fairmont hospital number three. All statutory pro- 
visions applicable to the government and maintenance of said asylums 
and hospitals, and to each of them, under their old names, shall be 
continued in force and be applicable to the government and main- 
tenance of the same institutions under their new names. 

All acts and parts of acts inconsistent with this act are hereby 
repealed. 

To Have Financial Control of Educational IiistiUitious. 

Sec. 4. The board of control shall have charge and control of the 
financial and business affairs of the West Virginia university, of the 
preparatory branches of the university at Montgomery, and at Keyser, 
of the state normal school and its branches, of the West Virginia 
colored institute and of the Bluefield colored institute and have such 
other control and management of said institutions as are in this act 
provided. 

Title to Property. 

Sec. 5. The title to all property constituting or belonging to the 
several institutions named in sections three and four and now vested 
in the several boards of directors, or of regents thereof, shall be and 
hereby is vested in said board of control on and after July first, one 
thousand nine hundred and nine; and the several boards now charged 
with the control and management of said institutions shall thereafter 
have no furtber legal existence; and the board of control is. without 



School Law of West Virginia. 97 

further process of law, authorized and directed then to assume control 
and management of tlie said institutions subject to the provisions 
of this act. 

Moncijs and Funds. 

Sec. 6. All moneys and funds belonging to the state which shall 
come into the hands or control of ttie liead officer, or other officer, 
of any of the institutions mentioned in sections three and four, or of 
any other institution, department, board, commission, or other agency 
of the state, or of any pcreon connected therewith, and under the con- 
trol and management of the state board of control in whole or in part, 
or the fiscal or financial affairs of which are subject to the control or 
management of said board, shall be paid to the treasurer of said board 
at least once in each month, on or before the tenth day of the month 
succeeding the month in which such moneys or funds were received, 
imdcr such rules and regulations as said board shall prescribe. The 
state board of control shall cause such money and funds to be paid 
into the state treasury to the credit of the proper fund of the institu- 
tion, department, board, commission, or other agency of the state, 
by depositing the same in a state depository and delivering to the 
auditor the certificate of deposit therefor. The auditor shall credit 
the same to the institution, department, board, commission or state 
agency as shown by the certificate of deposit; and the state board 
of control shall have authority to issue requisitions, from time to time, 
on sucli moneys and funds to be expended for the support or benefit 
of the institution, department, board, commission, or state agency 
for which the same was appropriated or provided, and all such moneys 
and funds are hereby appropriated for the purpose. Such moneys 
and funds are hereby named "state board of control funds." When- 
ever the appropriations by the legislature are insufficient to pay the 
expenses of conducting any of said institutions, the deficiency shall 
be certified by tlie state board of control to the board of public works. 
Such certificates shall state the name of the institution, the items and 
amount in detail needed, and the board of public works may direct 
payment of the same of any part thereof as provided in chapter six- 
teen of the acts of one thousand nine hundred and four. 

Clerical Assist ants — Reports of Institutions. 

Sec. ?. The board of control shall appoint a competent secretary 



■98 School Law of West Vieginia. 

and such other clerical assistants as may l^c necessary to the proper 
conduct of its business. The salaries or compensation of the em- 
ployees of the board shall be fixed by it, but no salary or compensa- 
tion shall be increased to exceed the amount appropriated by the 
legislature to pay the same. The board shall cause to be kept at its 
office a proper and complete set of books and accounts with each in- 
stitution, which shall clearly show every expenditure authorized and 
made thereat. The said books shall exhibit an account of all appro- 
priations made by the legislature concerning any institution named 
in sections three and four, and of all other funds under the control 
of the board. It shall, in conjunction with and subject to the ap- 
proval of the chief inspector of public accounting, prescribe the form 
of vouchers, records and methods of keeping accounts at and by each 
of the institutions named in sections three and four. Such vouchers, 
records and methods of accounts of the institutions shall be as nearly 
uniform as possible. The board, or any member thereof, shall have 
the power to investigate the conditions of and to examine and check 
the records of any of said institutions at any time. The board shall 
also have the power to authorize any of its members or officers, its 
book keeper and accountant, or any other employee, to proceed to any 
of the said institutions, and to examine and check the records, take 
inventory of the property thereof, or any of its departments, or for 
any other purposes the board may deem necessary. Any person doing 
such work shall receive, in addition to regular compensation, pay 
for actual expenses incurred thereby, such expenses to be paid in the 
manner hereinbefore provided. Upon the comj)letion of any . such 
special work the board shall cause a full and complete written report 
of the same to be made to it as soon as practicable. 

Powers and Duties. 

Sec. 8. The state board of control or one or more of its members 
shall visit each of the institutions under its control and management 
in whole or in part as often as may be necessary, and may hold a 
regular meeting of the board at any such institution. During any 
such visitation the board or any member thereof shall thoroughly in- 
spect all the departments thereof and investigate the condition and 
management of the same; and for the purpose of aiding any such 
investigation the board or any member thereof shall have power to 
summon and compel the attendance of witnesses, to be examined under 
oath, which any member shall have the power to administer; and the 



School Law of West Virginia. 99 

board or any member thereof shall have access to all books, papers 
and property necessary to any such investigation, and may order the 
production of any books, papers or property. Witnesses, other than 
employees of the state, shall be entitled to the same fees as in civil 
cases in the circuit court. In any investigation by the board, or by 
any member thereof, it or he may cause the testimony to be taken 
in shorthand and transcribed and filed in the office of the board as 
soon after the same is taken as practicable. Any person refusing 
or failing to obey the order of the board, or any member thereof, issued 
under the provisions of this section, or to give or produce any evi- 
dence required, shall be reported by the board or the member thereof 
conducting the investigation to the proper circuit court or the judge 
thereof, and such person so refusing or failing shall be dealt with by 
the court or judge as for contempt. 

Appointment of Heads of Certain Institutions. 

Sec. 9. The governor shall, by and with the advice and consent 
of the senate, appoint a superintendent for the West Virginia asylum, 
superintendent for the second hospital for the insane, a superinten- 
'dent for the West Virginia hospital for the insane, a warden for the 
penitentiary, a superintendent for the West Virginia reform school, 
a superintendent for the West Virginia industrial home for girls, a 
superintendent for miners' hospital No. 1, a superintendent for miners' 
hospital No. 2, a superintendent for miners' hospital No. 3, and a 
superintendent for the schools for the deaf and the blind. The governor 
may remove any superintendent or Avarden for incompetency, neglect 
of duty, gross immorality, malfeasance in office, or for other good 
cause, and in case of vacancy, whether occurring by reason of removal 
or otherwise, may declare the office vacant and fill the same by ap-. 
pointment for the unexpired term. The superintendent of each in- 
stitution and the warden of the penitentiary shall have the power 
to appoint all assistants and employees required for the management 
of the institution in his charge, the number of said assistants and em- 
ployees, and their compensation, to be first fixed bv the state board of 
control. The superintendent of any institution and the Avarden of the 
penitentiary may, at his pleasure, discharge any person therein em- 
ployed. It shall be the duty of the board to investigate any complaint 
made against the chief executive officer of any institution, and also 
against any other officer or employee thereof, if the same has not been 
investigated. The board shall have the power to recommend to the 



100 School Law of West Vieginia. 

governor the removal of any such chief executive officer, or other officer, 
setting forth in such recommendation the reasons for the same. The 
board shall fix the salaries or compensation of the officers and em- 
ployees of the institutions named in section three on or before the first 
day of July of each year, to be paid during the year to commence 
July first, and no change shall be made therein excepting at the time 
prescribed in this section. The salaries or compensation of all offi- 
cers and employees of the several institutions named in sections three, 
and four shall be paid monthly, to include the last day of each month. 
The chief ofiicer of each of the institutions named in section three 
shall be furnished quarters, household furniture, board, fuel and light 
for himself and his family ; quarters, household furniture, board, fuel 
and Kght shall be furnished to such other officers as is made necessary 
by the character of their service, and the board of control shall desig- 
nate those who shall receive the foregoing in addition to their salary. 

Bules and Regulations. 

Sec. 10. The board is authorized to make rules for the proper exe- 
cution of its duties and powers. It shall also have the power to adopt 
rules and regulations for the government of the institutions, named 
in sections three and four, and shall therein prescribe, consistent with 
the provisions of this act, the duties of the persons connected with 
the management of the said institutions. 

Shall Purchase Supplies. 

Sec. 11. The state board of control is hereby authorized and re- 
quired to purchase all supplies for the proper support and mainte- 
nance of the institutions named in sections three and four, and for 
any other institution, department, board, commission, or other state 
agency, under its control or management in whole or in part. Such 
supplies shall be purchased whenever' practicable by contract on com- 
petitive bids, and notice of the same shall be given, whenever the board 
thinks best, by publication in at least two newspapers of general cir- 
culation in the state for not less tlian two weeks prior to the award 
made ; and a written or printed notice shall be sent to every manufac- 
turer or dealer of or in the article or commodities for which prices are 
desired who has requested his name to be placed upon the mailing list. 
The contract shall be awarded to the lowest responsible bidder if the 
price be a fair and reasonable one and not greater than the market 



School Law of West Virginia. 101 

price. The board is authorized to require such surety as it may deem 
proper to accompany the bids submitted, and shall also fix the amount 
of tlie bond or other security that shall be furnished by the person, 
firm or corporation to whom the contract for any supplies is awarded. 
The board shall have the power to reject any and all bids submitted if 
for any reason it is deemed to the best interests of the state to do so, 
and to re-solicit bids in accordance with the provisions of this sec- 
tion. The board may determine the kind and character of animals to 
be slaughtered for meats for use in the several institutions under its 
control and it shall make such rules and regulations as may be neces- 
sary for the inspection of meats, poultry, bread and other supplies 
intended for use in any of the said institutions. In accepting bids for 
supplies preference shall be given citizens of this state, other things 
being equal. Whenever the board fail to make contracts for supplies 
the same may be purchased by the chief oflBcer in charge of an in- 
stitution, under such rules and regulations as shall be prescribed by 
the board of control. It shall be the duty of the chief officer of each 
institution named herein to cause to be prepared estimates of supplies 
required for the proper conduct and maintenance of the institution 
under his charge, covering periods to be fixed by the board of control, 
and to forward the same to the board in accordance with its directions. 
No member or officer of the board of control, or of the state board of 
regents, and no person in their employ and no officer or employee of 
any state institution shall be directly or indirectly interested in the 
purchase of supplies, or in any supplies purchased, nor in any con- 
iract, agreement or undertaking entered into by and for any of said 
institutions; and if he be so interested he shall forfeit his office, such 
contract shall be void, and such person shall be liable to the state upon 
his official bond for all damages. No member of said board, no officer, 
agent or employee thereof, and no officer of any institution under their 
•charge, shall directly or indirectly for himself or for another, or for 
any such institution, receive or accept any gift or gratuity or thing 
•of value from any dealer in goods, merchandise or supplies which are 
or may be used in such institutions, or from any person, firm or cor- 
;Poration who are or may be interested in any contract with such board 
for or on account of the state. Any violation of this section shall be 
a misdemeanor, and be punished by a fine of not less than twenty- 
five nor more than five hundred dollars. 

Buildings for Institutions. 

Sec. 12. The state board of control is vested with authority to 



102 School Law of West Vieginia, 

employ competent architects for the preparation of plans and specifi- 
cations for all new buildings hereafter to be built by the state, or for- 
the repairing or remodeling of existing buildings, or the construction 
of additions thereto; to employ competent persons to superintend, 
the work of constructing new buildings or of such repairs, remodel- 
ing or additions, and to call for bids and award contracts for such 
work. The board shall have authority to erect any new buildings, 
or to make repairs or additions to, or changes in, any buildings al- 
ready constructed, without letting the same to contract, or by em- 
ploying thereon the labor of the inmates of any institution of the 
state, whenever in the judgment of the board the best interests of the 
state will be subserved thereby. The board may also provide with con- 
tractors for the erection of new buildings or for additions or repairs- 
to old ones, to use thereon the labor of such inmates. The board has- 
authority, whenever in its judgment a new building is needed by the- 
state, or whenever it is necessary to build an addition or make mate- 
rial repairs to a building alread}^ in existence, with the approval of the- 
governor, to employ a competent architect or architects to make plans 
and specifications therefor, and estimate of the cost thereof, for sub- 
mission to the next session of the legislature, to aid that body in 
making an appropriation for the purpose. The governor may pay 
the cost of such plans and specifications and estimates out of his civil 
contingent fund, or the board may cause the same to be paid out of 
the current expense fund or out of any appropriation made for build- 
ings and land or for repairs and improvements of the institution for- 
which the building or work is designed. So far as practicable, here- 
after all buildings erected for the use of the state shall be fire-proof.. 

Becords of Institutions. 

Sec. 13. The state board of control shall prescribe the records to- 
be kept for statistical and other purposes in the several institutions- 
named in sections three and four. It shall require a copy of such 
record to be transmitted to it for the preceding month, and the board 
shall keep in its office in a substantially bomid book a copy of everV 
report that they may require from the chief officers of any institution ; 
and shall have authority to assemble the chief officers of the institu- 
tions or any of them at its office, for the purpose of discussing any 
question Avhich may be common to their welfare. The actual expenses- 
made necessary in traveling to and from such meeting and while upon 
its attendance, shall be paid out of the contingent fund of the several 



School Law op West Virginia, 103 

institutions. All bills on account of such expenses shall be made and 
paid as provided in section two of this act. 

Uvi>ort lo (luvernor. 

Sec. 14. On the first day of October, one thousand nine hundred 
and ten, or as soon thereafter as practicable, and biennially thereafter,, 
the board of control shall file with the governor a full report of all 
matters herein prescribed, showing the condition of all the institutions 
under its control, the cost of conducting the same during the period 
covered by the report, naming the buildings contracted to be erected, 
at what points, for what purposes, the contract price and the condi- 
tion of construction, and shall also include therein a statement of the 
work and expenses of the board. It shall also incorporate in its report 
suggestions respecting legislation for the benefit of the several insti- 
tutions under its care, and shall make estimates of appropriations, 
which in its opinion are necessary for the maintenance and other 
expenses of the institutions and for buildings, betterments and other 
improvements. The said report shall also contain such portions of 
the biennial reports made by the chief officers of the several institu- 
tions to the board as it may deem proper, also statement showing the 
dates of visitation made l\y the board or by any member thereof to 
the several institutions. In its report shall be included an itemized 
statement of the expenses of the board and such other matters as it 
may deem pertinent. There sliall also be published in the report full 
and complete lists of the officers and employees of the board and of 
the institutions named in sections three and four, showing the annual 
salary paid and perquisites allowed each officer or employee. The 
governor is hereby empowei-ed to call upon the said board for any 
special report or information relative to any matter coming within 
its authority. The governor may direct the said board to make any 
special investigation into and report upon any matter connected with 
any state institution. 

Cliffs and Devises. 

Sec. 15. The board of control is hereby empowered to accept any 
gift or devise of any property or tiding which lawfully may be given. 
If such gift or devise is to any particular institution named in sec- 
tions three and four, whatever profits shall arise from its use or in- 
vestment, shall be paid into the state treasury for the use and benefit 



104 School Law of West ViEGiisriA. 

of the said institution and the board is hereby invested with the title 
to the property which is, or may be subject of such gift or devise. 

Insurance on Buildings. 

Sec. 16. The board of control shall have charge and control of the 
insurance of all buildings and property of the state and shall keep the 
same properly insured against loss by fire, by explosion of steam boilers 
and the like; but the insurance of the property of the state at the 
seat of government shall be first authorized by the board of public 
works. The board of control shall keep a record of all such insurance 
which shall show the name of each insurance company, the number, 
date and amount of insurance of each policy written by it, the rate 
of premium, the building or other property on which insurance is 
placed, the period for which written and the date of its expiration; 
and the amount of insurance upon each building and such other 
matters as the board may deem pertinent. 

STATE BOARD OF REGENTS. 

Hoiv Constituted — Salary — Secretary. 

Sec. 17. There is hereby created a state board of regents which 
shall be a corporation, and as such may contract and be contracted 
with, plead and be impleaded, sue and be sued, and have and use a 
common seal. It shall consist of five members including the state su- 
perintendent of free schools, who shall be citizens of the state, and 
who shall be chosen from the two largest political parties and not 
more than three members shall belong to the dominant political party. 
On or before the first day of July, -one thousand nine hundred and 
nine, the governor shall appoint, by and with the advice and consent 
of the senate, four of said regents, one for one year, and one for two 
years, one for three years and one for four years, . and thereafter one 
each year for the full term of four years. The board shall choose one 
of its members to be president thereof. The governor may remove 
any member of the board for incompetency, neglect of duty, gross 
immorality, malfeasance in office, or for other good cause, and in 
case of 'vacancy, whether occurring by reason of removal or otherwise, 
may declare the office vacant and fill the same by appointment for 
the unexpired term. The salary of each member of said board, ex- 
cept the state superintendent of schools, shall be one thousand dollars 



School Law of West Virginia. 105 

a year and in addition thereto he sliall be paid his actual expenses 
while so employed, but the state superintendent shall be allowed only 
his necessary expenses while serving as a regent and shall receive no 
per diem. A verified itemized statement of their expenses shall be 
filed with the state auditor to be audited by him before payment there- 
for, as hereinbefore provided. The board may employ a secretary 
and fix his compensation. 

To have Control of Educational Institutions. 

Sec. 18. The state board of regents shall have control of the edu- 
cational departments of the several institutions named in section four, 
on and after July first, one thousand nine hundred and nine, and the 
several boards of regents now in charge of said institutions shall have 
no legal existence after that date. The state board of regents shall 
have authority to employ the head teacher or president of the uni- 
versity, the head teacher or superintendent of each of the other of 
said institutions, and the professors, other teachers and other em- 
ployees of such institutions. They shall fix the compensation of such 
president, superintendents, professors, teachers and employees, but 
such compensation and the number of employees, shall be subject to 
the confirmation of the board of control; or if the board of control 
shall before the beginning of any year fix the total amount that shall 
be paid for the year in compensation to such president, superinten- 
dents, professors and teachers and employees, then the board of re- 
gents shall fix their respective salaries or compensation, but the aggre- 
gate thereof shall not exceed the amount fixed by the board of control 
and in no case shall the amount fixed exceed the appropriation made 
for the purpose by the legislature. 

All rights and duties heretofore belonging to the boards of regents 
•of the institutions named in section four, which are not in conflict 
with the provisions of this act, are hereby given to the board of re- 
gents hereby created. 

To Prescribe Curriculum. 

Sec. 19. The state board of regents shall have authority in con- 
sultation with the head teacher, and professors and other teachers in 
each institution named in section four, to prescribe the curriculum 
or course of study to be pursued therein, and prescribe the text books 
to be used. The said board may make out and publish rules and 



106 School Law of West Virginia. 

regulations to be observed by all of said institutions, and separate 
rules and regulations for any one of them. The board of regents- 
shall also from time to time establish such departments of education 
in literature, science, art, agriculture, military tactics, and other 
departments as they may deem expedient, and as the funds for such 
purposes may warrant, and as the law may permit; also fix the tuition, 
fees and charges for attending and receiving instructions in any of 
said departments. The state board of regents shall meet with the 
state board of control whenever the state board of control shall notify 
them of such meeting. 

Report to Governor. 

Sec. 20. On the first day of October, one thousand nine hundred 
and ten, or as soon thereafter as practicable, and annually thereafter, 
the state board of regents shall make to the governor a full report 
(a copy whereof shall be filed with the state board of control at the 
same time) which shall show their transactions for the period covered 
by the report, the date, place and duration of each of their meetings ; 
the amounts paid to each member of the board for compensation 
and expenses separatel}- ; the number of persons employed about each 
of their said institutions; the official designation of each of such per- 
sons, and the amount and rate of compensation paid to him ; and shall 
report the amount disbursed b}^ them of any funds under their con- 
trol, stating the purposes for which expended and the amount ex- 
pended for each purpose, and the number of days actually engaged 
by the persons employed about each of their said institutions, includ- 
ing teachers and professors. Said report shall also show the number 
of students actually attending each day at each of said institutions, 
and the number of students enrolled in each school or department 
of each of said institutions, and the total cost of each of said schools 
or departments. They shall furnish to the state superintendent of 
free schools all data which he may request. They shall make special 
reports to the governor as he may request; and may in their report 
make recommendations respecting legislation needed to promote the- 
welfare of their institutions. 

Report to Auditor. 

Sec. 21. The state board of control and the state board of regents- 
shall from time to time as may be necessary, make a report to the- 



School LaV of West Virginia. 107 

auditor, which shall state the names of each person employed by each 
of them at any of the institutions named in sections three and four, 
his official designation and the rate of compensation per month (or 
by tlie day or week if employed for less than a month) and out of 
what funds or appropriation the same is payable. The chief officer or 
head teacher of any such institution, or other person who may have 
been appointed for the purpose by the state board of control, shall 
make out and certify to the auditor at the end of each month a list 
of persons to whom any payments may be due, stating for what pur- 
pose due, the amount due each person and the fund or appropriation 
from which payable; one copy whereof shall be filed in the office of 
the institution where made, and one in the office of the state board of 
control. If the auditor finds such list correct and in accordance with 
the reports made to him by the state board of control, or the state 
board of regents, he may pay to the persons entitled thereto the 
amounts so certified as due each. 

Governor May Eequire Additional Duties. 

Sec. 22. The governor may require the state board of control or 
the state board of regents to perform any duty or work pertaining 
to the management and control of any of the institutions named in 
sections three and four and consistent with the object of this act. 

Shall Assume Rights, Duties and Liabilities of Abolished Boards. 

Sec. 23. All legal rights which may now belong to or which would 
have accrued to any board of regents or of directors of the institutions 
named in sections three and four, shall belong and accrue to the state 
board of control on and after July first, one thousand nine hundred 
and nine; and nothing in this act contained shall be construed as af- 
fecting any such rights but the same shall be vested in, and may 
be exercised by said state board of control, on and after said date as 
fully as the same might have been exercised by any such board of 
regents or of directors, if tliis act had not become law. And all obli- 
gations and liabilities legally incurred by any of said board of regents 
or board of directors of anv such institutions shall be assumed by said 
board of control. 

Transfer of Inmates. 

Sec. 24. The state board of control shall have authority to transfer 
patients from one institution for the insane, or from any institution 



108 School Law of West Vieginia, 

hereafter created for epileptics, feeble-minded, imbeciles, or idiots, 
to any other institution for the insane, epileptics, feeble-minded, im- 
beciles, or idiots ; to transfer inmates from the girls^ industrial home, 
or the boys' industrial school, or the schools for the deaf and the blind, 
to the homes for children or orphans; to transfer insane, epileptic, 
feeble-minded, imbecilic or idiotic inmates from any institution of 
the state to any other state institution conducted for their care or 
treatment; and generally to cause the transfer of any patient or in- 
mate from any state institution, except the penitentiary, to any other 
state institution which is better fitted for the care or treatment of such 
patient or inmate, or for other good cause or reason. 

Bond may be Required. 

Sec. 25. The state board of control shall have authority to cause the 
head officer or any other officer of any institution, department, board, 
commissioner, or other state agency, under its control or management 
in whole or in part, or any of its own employees, to give bond, condi- 
tioned for the faithful performance of the duties of his office, and to 
account for and pay over all money and other property of the state 
which shall come into his hands or control by virtue of his office in 
such penalty as the board may deem proper; and may provide that 
the surety in any such bond shall be a surety or bonding company 
authorized to do business in this state, and cause the premium for 
bonds so given to be paid out of the current or contingent expense fund 
of the institution or board or body with which the person so bound is 
connected. All such bonds shall be subject to the approval of the state 
board of control; and, when so approved, shall be filed with the treas- 
urer of the board and by him safely kept. 

All acts and parts of acts coming within the purview of this act, 
and inconsistent therewith, are hereby repealed. 

HOLIDAYS. 

Sec. 1. That the following days be regarded, treated and observed 
as legal holidays, viz. : The first day of January, commonly called 
New Year's Day ; the twenty-second day of February, commonly called 
George Washington's bithday; the fourth day of July, common- 
ly called Independence day; the thirtieth day of May, commonly call- 
ed Memorial day; the twenty-fifth day of December, commonly called 
Christmas day ; the first Monday in September, commonly called Labor 



School Law of West Vikginia. 101) 

day; the twelfth day of February, commonly called Lincoln^s birth- 
day ; the twelfth day of October, commonly called Columbus day ; pro- 
vided, however, that the common and graded schools of this state, 
the terms of which shall have begun and not having expired upon the 
two last named days shall remain in session and hold appropriate 
ceremonies in honor of Abraham Lincoln and Christopher Colimibus, 
respectively, unless the said days shall fall upon Saturday or Sun- 
day; any national or state election day, and all days that may be 
appointed or recommended by the governor of this state or the presi- 
dent of the United States as days of thanksgiving, or for the general 
cessation of business; and when either of said days or dates falls on 
Sunday, then it shall be lawful to observe the succeeding Monday as 
such holiday ; provided, that when the, return day of any summons or 
other court proceedings or any notice or time fixed for holding any 
court or doing any official act shall fall on either of said holidays, the 
ensuing secular day shall be taken as meant and intended. 

THE CHILD LABOR LAW. 

Employment of Children Under Fourteen Prohibited. 

Sec. 1. No child under the age of fourteen years shall be employed, 
permitted or suffered to work in, about or in connection with any 
factory, mill, workshop, or manufacturing establishment. It shall be 
unlawful for any person, firm, or corporation without written permis- 
sion from the state commissioner of labor or county superintendent 
of free schools to employ any child under fourteen years of age in any 
business or service whatever during the hours when the public schools 
of the district in which the said child resides are actually in session. 

Employment of Children Under Sixteen Prohibited, Unless Employ- 
ment Certificate is Secured. 

Sec. 2. No child under the age of sixteen shall be employed, per- 
mitted or suffered to work in, about or in connection with any of the 
establishments or occupations named in section one of this act, unless 
the person, firm or corporation employing such child procures and 
keeps on file, accessible to any truant officer, inspector of factories 
or authorized agent of the humane society, an employment certifi- 
cate as hereinafter prescribed. On termination of employment of 
a child whose employment certificate is on file, such certificate shall 
be forthwith returned by the employers to the person who issued the 
same. The employment certificate shall be issued only by the super- 
intendent of schools, or by persons authorized by him in writing, or 



110 School Law of West Vieginia. 

where there is no superintendent of schools, then by a person author- 
ized by the local school board; provided, that no member of a school 
board or other person authorized, as aforesaid, shall have authority 
to issue such certificate to any child then in or about to enter such 
person's own employment or the employment of a firm or corporation 
of which he is a member, officer or employee. The person authorized 
to issue an employment certificate shall not issue such certificate until 
he has received, examined and approved and filed the following papers 
duly executed : 

1. The school record of such child shall be properly filled out and 
signed. 

2. A passport or duly attested transcript of the school census 
record, showing the date and place of birth of such child. 

3. The affidavit of the parent or guardian or custodian of such 
child (which shall be required, however, only in case no one of the 
above mentioned proofs of age is obtainable), showing the date and 
place of birth of such child. Such affidavit must be taken before the 
officer issuing the employment certificate, who is hereby authorized 
and required to administer such oath without demanding or receiving 
any fee therefor. 

No employment certificate shall be issued until the child in ques- 
tion has personally appeared before the officer issuing the certificate, 
nor until such officer has satisfied himself that the child can read and 
write legibly simple sentences in the English language, and that the 
child is fourteen years of age or upwards and has reached the normal 
development of a child of its age, and is in sufficiently sound health 
and physically able to perform the work it intends to do, which 
shall be stated. In all cases of doubt, such development, health 
and physical fitness shall be determined by a medical officer of the 
board or department of health, or by a physician appointed by the 
school board. Every such employment certificate shall state the race, 
residence, sex, and the date and place of birth of the child, and that 
the papers required by the preceding sections have been duly 
examined, approved and filed. Every such certificate shall be signed 
in the presence of the officer issuing the same, by the child in whose 
name it is issued, and it shall show the date of its issue; the school 
record required by the act shall be signed by the principal or chief 
executive officer of the school which such child has attended and shall 
be furnished on demand to a child entitled thereto. It shall contain 
a statement certifying that the child is able to read and legibly write 
simple sentences in the English language, and has received instruc- 



School Law of West Vieginia. Ill 

tiou equivalent to that given in the first four grades of the common 
schools. Such school record shall also give the date of birth and 
residence of the child as shown on the records of the school. The 
employment ecrtilicate provided for must be fornnilated by the state 
superintendent of free schools and furnished in blank by the clerk 
of the local school board. 

Fine for Violation. 

Sec. 3. Whoever, whether he be the employer, parent, guardian or 
custodian of any child, employs, permits or suffers such child to be em- 
ployed or to work in violation of any of the provisions of this act, shall 
be deemed guilty of a misdemeanor and upon conviction thereof shall 
be fined not less than $10 nor more than $50 for each and every 
offense. 

Duties of Prosecuting Attornei/s. 

Sec. -1. It shall be the duty of the prosecuting attorney to enforce 
the provisions of this act and to prosecute any person, firm or corpora- 
tion charged with violation of the same, before any magistrate or 
court of competent jurisdiction in this state; and it shall be the duty 
of the truant officers, inspectors of factories and authorized agents of 
the humane society to expose all violations of this act to the prosecut- 
ing attorney. All fines collected for violations of this act shall be 
paid into the building fund of the school district or independent dis- 
trict in which the offense is committed. 

EEGULATIONS EESPECTING MINES. 

Emploi/mcnt of Boys Under Fourteen and Females Prohibited. 

Sec. 26. No boy nnder fourteen years of age, nor female persons 
of any age shall be permitted to work in any coal mine, and in all 
cases of doulit. the parents or guardians of such boys shall furnish 
affidavits of their ages; any operator, agent or mine foreman who shall 
knowingly violate the provisions of this section or any person know- 
ingly make a false statement as to the age of any boy under fourteen 
years of age, applying for work in any coal mine shall, upon convic- 
tion, be fined not less than ten nor more than five hundred dollars, 
or be imprisoned in the county jail not less than ten nor more than 
ninetv davs. in the discretion of the court. 



112 School Law of West Vieginia. 

SPECIAL DEBT LEVY. 

Provisions as to Certain Funds. 

Sec. 8. If any county or any magisterial district or any school 
district or any independent school district or any municipal corpora- 
tion have outstanding unpaid orders on the treasury thereof, or 
unsatisfied judgments, which orders were issued or which judgments 
were recovered previous to the first day of July in the year one thous- 
and nine hundred and fifteen, the amount whereof is so considerable 
that it is impracticable to discharge the same out of the proceeds of the 
regular levy, and the county court or board of education or common 
council, as the case may be, deem it inadvisable to submit to the voters 
of the county, district or mmiicipality the question of an additional 
levy as provided in section five, such court, board, or council may lay a 
levy in addition to said regular levy, to be called "special debt levy," 
not exceeding twenty cents on each one hundred dollars of the valua- 
tion of the taxable property of the county, district, or municipality, as 
the case may be, according to the last assessment of such property, and 
continue such levy for as many years as may be necessary to pay off 
such debt and the interest that may accrue thereon, but no longer. 
The net amount produced by any such levy, or by any additional levy 
authorized by section five, or by any special levy authorized by section 
six, shall not be used for any other purpose, as to such special debt 
levy than for the payment of such debt, or as to such additional or 
special levy than for the purpose or purposes named in the order sub- 
mitting the question to the voters. The treasurer of each of such funds 
shall keep an accurate account of the same separately from otlier funds. 
If, after paying off such debts or effecting the object of said additional 
levy or of said special levy, any balance remains of any of said funds, 
the same shall, first, revert to the sinking fund of the county, or of 
the magisterial district, or independent school district, or of the 
municipal corporation, as the case may be ; or, secondly, if there be no 
such sinking fund, it shall, in case the fund was raised by taxes levied 
throughout the county, revert to the fund for general purposes of the 
county; if the fund was raised by taxes levied on the property of a 
school district or independent school district, said balance shall revert 
to the teachers' fund of the district; if the fund was raised by taxes 
levied on the property of a municipal corporation, said balance shall 
revert to the fund for general purposes of the municipality; and in 
case of a magisterial district, said balance shall revert to the road fund 
titiereof : Provided, however, that before any such special debt levy 



School Law of West Virginia, 113- 

may be laid as provided for in tliis section, the same shall be submit- 
ted to and approved by the state tax commissioner. Before giving 
his approval, the state tax commissioner shall require a certified state- 
ment or list showing in detail the orders and judgments, including 
names of payees and amounts thereof intended to be paid by such 
levy. The approval of the state tax commissioner shall be in writing 
and filed with the clerk, secretary or recorder of the county court, 
board of education or municipality, as the case may be; and provided, 
jurtlter, that the right to lay snch levy shall expire with the fiscal 
year ending June thirtieth, one thousand nine hundred and eighteen; 
ami provided, further, that the owners or holders of such orders or 
judgments, which represent such indebtedness, shall file the same with. 
the clerk of the county court, secretary of board of education or record- 
er of the municipality, as the case may be, and it shall be the duty of 
every such clerk, secretary or recorder to list such evidences of in- 
debtedness in the order in which presented, giving the number, the 
date, the payee, the amount thereof and the date when presented to 
the sherifi^ for payment, and the present owner or holder ; and it shall 
be his further duty to make four copies of such list, one of which shall 
be retained in his office, one certified to the state tax commissioner, 
one to the sheriff or other treasurer of the fiscal body, one to the county 
court and one to the board of education or council before the first levy 
term of said bodies for the first fiscal year next following the making 
of said lists; and that such listed orders of indebtedness shall be paid 
in the order in which they are so filed, out of the said special debt lev}- 
as hereinbefore provided; and all persons or corporations owning or- 
holding such evidences of indebtedness as the owner, pledgee, assignee 
or collateral security, who shall fail to present the same for listing 
with said officers before the levy term in the year one thousand nine- 
hundred and seventeen, shall be forever barred from bringing any suit, 
action or ]>roceeding for tlie puq^ose of collecting the same. No sheriff 
or other treasurer of any fiscal body herein named shall apply any part 
of the special del)t levy hereby authorized except in payment of the list- 
ed orders or e\i(lences of debt hereinbefore ])i'ovided for, and in the' 
order as herein provided for. And no sheriff or other treasurer shall 
pay any order, draft or judgment, issued or recovered 1)ofore July first, 
one thousand nine hundrr'd piid fifteen, out of any funds in his hands 
except the special debt fund herein provided for. whenever the same is 
laid as herein provided for. 

Penalties for Violations. 

Sec. 9. It shall be unlawful for any county court, board of educa- 



114 School Law of West Virginia. 

tion, or coimcil of a municipal corporation, or other body charged 
with the administration of the fiscal affairs of any county, school 
district or independent district, or municipality, to expend any money 
or to incur any obligation or indebtedness which such tribunal is not 
expressly authorized by law to expend or to incur. Nor shall any such 
tribunal make any contract, express or implied, the performance df 
which, in whole or in part, would involve the expenditure of money in 
excess of funds legally at the disposal of such tribunal, nor issue or 
authorize to be issued any certificate, order or other evidence of indebt- 
edness which cannot be paid out of the levy for the current year, or out 
of the fund against which it is issued. Nor shall any such tribunal 
attempt to lay any levy the rate v/hereof shall exceed the rate specified 
hj law. Any indebtedness created, contract made or order or draft 
issued in violation hereof, shall be void and of no effect, and any money 
■received thereon may be recovered from the person receiving the same 
by the fiscal body who created, made or issued the indebtedness, con- 
tract, order or draft. 

Any member of any such tribunal, or any officer or person, who in 
violation of any of the provisions of this act shall expend any money, 
or incur any debt or obligation, or make or participate in the making 
of any such contract, or be a party thereto in any official capacity, or 
issue or cause to be issued any such certificate, order or other evidence 
of indebtedness, shall be personally liable therefor, both jointly and 
severally, and an action may be maintained therefor by the state, or 
by any county, municipal corporation, district or person prejudiced 
thereby, in any court of competent jurisdiction. x\ny such member^, 
officer or person who shall negligently or wilfully violate the provisions 
of this act shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined not more than five hundred dollars, or be con- 
fined in jail not more than one year, or be both fined and imprisoned, 
and in addition thereto shall forfeit his office. Whenever any court 
of competent jurisdiction by mandamus, injunction, or trial of any 
action at law, or other judicial proceeding, shall ascertain or determine 
that any member or officer has negligently or wilfully violated any of 
the provisions of this section, it shall enter an order declaring the 
office of such member or officer forfeited. 

Any taxpayer of the county, district, board of education or munici- 
pality, as the case may be, or the state tax commissioner, for the use 
and benefit of the county, district, board of education or municipality, 
as the case may be, may, in his name institute and prosecute to final 
judgment (including the right of appeal to the supreme court of the 
state, in any court having jurisdiction, proper action, suit, or pro- 



School Law of West Virginia. 115 

ceeding, against the individual members of a county court, board of 
education, municipal council, or other bodies in lieu thereof, to recover 
from them any moneys expended in violation of, or without authority 
of law. All moneys recovered in any such action, suit or proceeding 
shall be paid into the treasury of the proper fiscal body to the credit 
of the proper fund. The plaintiff, in case he prevails, shall recover 
his costs against the defendants, including a reasonable attorney's 
fee to be fixed by the trial court, and included in the taxation of costs. 
Any such taxpayer, or the state tax commissioner, shall have the right 
to institute and prosecute to final judgment, any proceeding for the 
removal of any member of any county court, board of education, 
municipal council, or other bodies in lieu thereof, for expending public 
moneys in violation of, or without authority of law. Upon the filing 
of a petition by such taxpayer, or the state tax commissioner, either in 
term or vacation, the court, or judge, shall set a time for hearing 
such petition. An attested copy of the petition, and specification of 
charges therein contained, shall be served for a period of at least 
twenty days upon the defendants named therein, and no other plead- 
ing or notice of such proceeding shall be necessary. 

PUBLIC LIBEARIES. 

Definitions. 

Sec. 1. The following words and phrases, wherever used in this 
act shall include and be taken to mean as follows : the word "munici- 
pality" shall include an incorporated city, a town, a county and a 
school district; "municipal authority" shall include the mayor and 
common council of a city, a town, or board of commissioners, or other 
corresponding authority thereof, county courts and boards of educa- 
tion of school districts and independent school districts; "public 
library" shall include public library and reading room; "chief 
executive authority" shall include mayor and city council or other 
corresponding authority in cities and towns ; and the county court and 
board of education in counties and school districts; "the directors of 
public library board" shall include the members of public library 
boards of cities, towns, counties and school districts established under 
this act. 

Levy — Upon Vote of People. 

Sec. 2. The municipal authority of any municipality shall have 



116 School Law of West Virginia. , 

the power to establish, equip and maintain a public library^ or take 
over and maintain and support any public library already established 
therein, for the use and benefit of the inhabitants of such municipality,, 
and may levy an annual tax for the purpose of not more than one and 
one-half cents on the one hundred dollars, on all the taxable property in 
said municipality, such tax to be levied and collected in like manner 
as the general taxes of the municipality, which shall be kept separate 
in a fund to be known as the "library fund ;" provided, that when any 
municipality makes a levy for a municipality in which there is already 
a municipal library, and the said municipality does not join in the 
proposed library, the said municipality shall omit from the levy of 
the library tax all property within the limits of said municipality not 
joining in said proposed library; provided, further, that before estab- 
lishing any public library, or levying any tax therefor, the municipal 
authority shall submit the question to the voters of such municipality, 
and the majority of the voters voting thereon shall authorize the estab- 
lishment of such library, and the levy of such tax. The question shall 
be submitted at a general or special election, upon the order of said 
municipal authority or upon the petition, in case said municipal 
authority fail or refuse to do so, in writing, of twenty per centum of 
the qualified voters resident of the municipalit}^ and the election, 
when ordered, shall be conducted, held and returned in all respects as 
other elections; and the ballot used shall have written or printed 
thereon under the heading "j)ublic library question" the words in plain 
letters, "for public library," "against public library." And the munici- 
pal authority authority of said municipality shall give at least two 
weeks notice of said election by publishing notice thereof in one or 
more newspapers published in said municipality ; or, if none are there- 
in published, by like notice posted for a like period at each of the 
voting places in said municipality, and at five other public places for 
a like period, before said election, giving the date and object of the 
election. 

Appointment of Board. 

Sec. 3. Whenever such public library is established under this act, 
the chief executive authority of said municipality shall appoint a 
board of six directors, chosen from the citizens at large from said 
municipality, with reference to their fitness for such office. Such 
directors shall hold office for three years from the first day of July 
following their appointment, and until succeessors are appointed; but 
upon their first appointment they shall, at their first meeting, divide 



School Law of West Virginia, 117 

tlieniselves into tliree clrts.ses, so that one-third of the number shall 
liold olfiee for a period of one year, one-third for two years, and one- 
third for three years. No person shall be ineligible to serve on said 
board by reason of sex. Vacancies in the board shall be reported to 
the municipal autliorities, and filled by appointment in like manner 
as original appointments for the unexpired term. The municipal 
authorities may remove any director for misconduct or neglect of 
duty. No compensation shall be paid or allowed any director. The 
chief school officer of each municipality establishing a public library 
shall be ex-officio a member of its library board in addition to the six 
directors provided for herein. 

Powers of Board of Directors. 

Sec. 4. The directors of each public library established under 
this act shall, immediately after their appointment, meet and organize 
b}' electing one of their number as president, and one as secretary. 
A majority of all the members of any board shall constitute a quorum 
for the transaction of business. They shall make and adopt such by- 
laws, rules and regulations for their own guidance and for the govern- 
ment of the library as may be expedient and not inconsistent with 
this act. They shall have exclusive control of the expenditures of all 
the money collected for the library fund and for the construction of 
any library building or repairs thereto, and the supervision, care and 
custody of the grounds, rooms or building constructed, leased or set 
apart for the purpose; provided, that all money received for public 
library purposes, and deposited in the treasury of such municipality 
to the credit of the library fund, shall be drawn by the proper munici- 
pal officers upon the proper authenticated vouchers of the library 
board. Public library boards may, with the approval of the municipal 
authority, lease and occupy or purchase or erect an appropriate build- 
ing for the use of said library. They shall have power to appoint a 
suitable librarian and assistants, and prescribe rules for their conduct, 
and fix their compensation; and shall have power to remove such 
appointee, and, in general, to carry out the spirit and inteiition of this 
act in establishing and maintaining free public libraries for their 
respective municipalities. 

Use of Lihrar;/. 

Sec. 5. Each library established under this act shall be free for 
the use of the inhabitants of the municiality where located, subject 



118 School Law of West Vieginia. 

to such reasonable rules and regulations as the library board may 
adopt and publish, in order to render the use of said library of greatest 
benefit to the greatest number; and said board may exclude from the 
use of said library any and all persons whi shall wilfully violate such 
rules. The board may extend the privilege and use of said library to 
non-residents of the municipality upon such terms and conditions 
as said board may prescribe. 

Report of Library Board. 

Sec. 6. Each library board shall, on or before the first day of July 
in each year, make report to the municipal authority appointing it, 
stating the condition of the library property, the various sums of 
money received from the library fund, and all other sources, and how 
such money was expended, the number of books and periodicals on 
hand, the number added by purchase and gift, the number lost or 
mislaid, the number of books loaned out and the general character of 
such books, together with an itemized budget estimate of expense of 
the library for the ensuing year, with such other statistical informa- 
tion and suggestions as they may deem of general interest or that 
may be required by said municipality. 

Gifts, Devises or Bequests. 

Sec. 7. All persons desiring to make donations of cash or other 
personal property or real estate for the benefit of such library shall 
have the right to vest the title thereof in the library board created 
under this act, to be held in trust and controlled by such board accord- 
ing to the terms and for the purposes set out in the deed, gift, devise 
or bequest. 

Penalties for Injury to Property. 

Sec. 8. Any one who shall wilfully deface or injure any building 
or furniture, or deface, injure or destroy any picture, plate, engraving, 
map newspaper, magazine or book, or any object of art belonging to a 
public library, shall be guilty of a misdemeanor, and on conviction 
thereof shall be punished by fine of not less than five dollars or more 
than fifty dollars, or by imprisonment not exceeding six months. 
The fine in each case shall be paid to the proper officer or custodian 
of the library fund to be used by such library as other money paid into 
its treasury. 



School Law of West Vikginia. 119 

Penalties for Failure to Return Books. 

Sec. 9. Any person who shall wilfully detain any book, newspaper, 
magazine, pamphlet or manuscript belonginn to such library, or to any 
incorporated library, for thirty days after notice in writing from the 
librarian, after the expiration of the time such books, newspaper,, 
magazine, pamphlet or manuscript may be kept according to the rules 
and regulations of said library, shall be liable for damages, to be 
recovered by said library board, by appropriate proceeding before a. 
justice of the peace; the recovery in each case to be paid to the proper 
officer or custodian of its funds; provided, that the notice required 
hereby shall include a copy of this section. 

ABOLISHING THE COMMON DEINKING CUP. 

Provisions. 

Sec. 1. That the use of the common drinking cup, an undoubted 
source of communication of infectious diseases, is hereby prohibited in 
all public places, upon all railroad trains and boats, carrying pas- 
sengers, in all public buildings of every description, and at public 
drinking springs and fountains within this state. The state board 
of health shall have full authority to establish rules and regulations 
to make this prohibition effective, as in their judgment may seem 
wise and proper. 

Penalties. * 

Sec. 2. All person, firms or corporations failing to observe the 
provisions of this act, or the rules and regulations of the state board 
of health made in relation thereto, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than ten 
nor more than fifty dollars for each offense. 

PROHIBITING THE USE OF CIGARETTES IN SCHOOL 
HOUSES AND ON SCHOOL GROUNDS. 

Sec. 4. Every person who shall smoke or use a cigarette or cigar- 
ettes in any school building or any buildings or such parts thereof" 
as may be used for school purposes, or on any lands used for school 
purposes, shall be guilty of a misdemeanor and upon conviction shall 
be punished for each offense by a fine of not less than one nor more- 
than five dollars. 



120 School Law of West Yieginia. 

STATE DEPAETMEXT OF HEALTH. 

The Legislature of 1915 passed an act creating a state department 
of health. The following excerpts from this act are given here because 
of the references to schools and school buildings. 

Commissioner of Health — Powers and Duties. 

Sec. 2. The commissioner of health shall be appointed by the 
governor, by and with the consent of the senate, and shall be a 
physician skilled in sanitary science, and experienced in public health 
administration. ******* jjjg (j^ties shall be fo =!=*** * inspect 
and report from time to time the sanitary condition of institutions, 
schools and school houses, public conveyances, dairies, creameries, 
slaughter houses, workshops, factories, labor camps, hotels, and places 
where offensive trades or industries are conducted ; inspect and report 
the sanitary condition of streams, sources of water supply, and sewer- 
age facilities; endeavor to enlist the co-operation of all physicians, 
and volunteer health organizations in the improvement of public 
health; promulgate information to the general public in all matters 
pertaining to public health. * * * * * * * * * * * * 

Inspectors and Examiners — Powers and Duties. 

Sec. 4. Inspectors, examiners or othet persons appointed by the 
commissioner of health may be appointed at such time or times as by 
him deemed necessary; and they shall act as representatives of the 
commissioner of health, and under his direction, shall secure the 
enforcement of the provisions of the public health laws and regula- 
tions, and shall have the right of entry into any workshop, public 
school, factory, dairy, creamery, slaughter house, hotel, or other place 
of business or employment, or any common carrier or public utility 
when in the discharge of official duties. Any person interfering with 
or attempting to interfere with any inspector, examiner or any other 
duly authorized employee of the commissioner in the discharge of his 
duties under this section shall be guilty of a misdemeanor and upon 
conviction fined not exceeding one hundred dollars. 

Public Health Council. 

i*5ec. 7. Whenever the character and location of plumbing, drain- 



School Law of West Vieginia. 121 

age, water supply, sewers and disposal of sewage, garbage, or other 
waste materials of cities, towns and villages, offensive trades, hotels 
and labor camps; and the ventilation, warming, natural lighting and 
excreta disposal in public utilities, in public halls, churches, school 
houses, workshops, prisons and all other public institutions, are such 
as to endanger the public health, the public health council shall have 
power to make and enforce rules regulating the same. ******** 

Control of Tuberculosis Sanitarium. 

Sec. 11. The state department of health shall have the advisory 
medical supervision of the state tuberculosis sanitarium, and the state 
board of control shall have the control of the business and fiscal 
affairs thereof. The director of the division of preventable diseases 
under the supervision of the commissioner of health, shall encourage 
measures for the suppression of tuberculosis, such as clinics, camps, 
open-air schools, sanitaria, district nursing, anti-tuberculosis societies, 
diffusion of knowledge, and other means. 



APPENDIX B 



SCHOOL CALENDAR 
JULY. 

1. School year begins. 

(On or before) Sheriff settles with County Financial Secretary. 
(Before) Sheriff reports delinquent property. 
,1st Monday. — Board of Education meets to determine number of 
teachers to be employed in their district and to fix salaries, etc. 
4. Independence day. Legal Holiday. 

3rd Monday. — (or as soon thereafter as practicable) Trustees meet 
to employ teachers. 
20. (On or before) Auditor notifies State Superintendent of the 

amount of the General School Fund. 
AUGUST. 
1. (On or before) County Superintendent makes report to State 

Superintendent. 
2nd Tuesday. — Board of Education meets to ascertain the condition 
of the fiscal affairs of the district and to make up an itemized 
statement thereof. 
2nd Tuesday. — (On or before) Assessor certifies value of property to 

Secretary of Board and County Superintendent. 
4th Tuesday. — Board meets to consider objections to estimate and 

proposed levy and to lay levy. 
4th Tuesday. — (Within Three Days after) Secretary reports rate of 
levy. 
SEPTEMBER. 
1. (Before) Auditor reports condition of School Fund to the 

Governor and the State Superintendent. 
1st Monday — Labor Day, Legal holiday. 
15. First installment of General School Fund paid to Sheriff. 
OCTOBER. 

1. (On or before) High School Aid Fund apportioned. 
12. Columbus Day — Legal holiday, but schools must assemble and 

hold appropriate exercises. 
NOVEMBER. 
Last Thursday. — Thanksgiving Day — Legal Holiday. 



124 School Law of West Vieginia. 

DECEMBER. 

15. Second installment of General School Fund paid to Sheriff. 

25. Christmas — Legal Holiday. 

JANUARY. 
1. New Yearns Day — Legal Holiday. 

(On or before) State Superintendent makes report to Governor. 

FEBRUARY. 

12. Lincoln's Birthday — Legal Holiday, but schools must assemble 
and hold appropriate exercises. 

22. Washington's Birthday — Legal Holiday. 

APRIL. 
1. (On or before) Teachers take enumeration. 

15. (On or before) Secretary transmits summary of enumeration 
to County Superintendent. 

MAY. 
1. (On or before) County Superintendent forwards to State Super- 
intendent report of enumeration. 

30. Memorial Day — Legal Holiday. 

JUNE. 
1. (On or before) State Superintendent appoints member of State 
Board of Education. 

30. School year ends. 

I 
FOEMS AND INSTEUCTIONS. 

OEDEE OF PROCEEDINGS AT THE FIEST^ SECOND AND THIED ANNUAL 
MEETINGS OF THE BOAED. • 

FIEST MEETING FIEST MONDAY IN JULY. 

1. Appoint a secretar}^ 

2. Appoint trustees for each sub-district. 

3. Determine the number of months the schools shall be taught 
in the district during the school year. 

4. Determine the number of teachers that may be employed. 

5. Fix the salaries of teachers according to the grade of certificate. 

6. Estimate the number of teachers of each grade that will be 
employed. 

7. Ascertain the whole number of months to be taught in the 
district by teachers of each grade. 

8. May establish graded and high schools, change boundaries of 
sub-districts and provide for the erection of new buildings. 

9. Appoint truant officer. 



School Law of West Virginia. 12'j 

second meeting second tuesday in august. 

At this meeting the Board shall ascertain the condition of the fiscal 
affairs of the district and make up an itemized statement thereof 
setting forth : 

1. The separate amounts due the building fund and the teachers* 
fund from all sources or to become due these funds within the current 
iiseal year. 

2. All debts and demands upon both funds owed by the district 
or to become due and payable within the current year. 

3. All other expenditures to be made and payable out of each 
fund within the current fiscal year. 

4. The separate amounts necessary to be raised for each fund and 
the proposed rates of levy, 

5. The aggregate value of all taxable property in the district, 
stating separately the assessed value of real estate, personal property 
and property assessed by the Board of Public Works. 

A copy of the above statement shall be prepared and certified for 
publication as required by Section 21. The Board shall then stand 
adjourned until the fourth Tuesday in August. 

THIRD MEETING FOURTH TUESDAY IN AUGUST. 

The Board shall at this meeting transact the following business : 

1. Hear and consider any objections made as provided for in 
Section 21, to their estimate and proposed levy. 

2. Enter an order of record showing the objections made and the 
reasons for the same. 

3. Eeconsider the original estimate and proposed rate of levy and 
correct the same if the objections appear to be well taken. 

4. Enter of record the corrections made. 

5. Lay the levy. 

The following calculations will be convenient for reference in mak- 
ing levies for school purposes: 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $ 5,160 

This estimate is made as follows: 

10 No. 1 grade teachers at $50 per mo 500 

6 No. 2 grade teachers at $40 per mo 240 



126 School Law of West Virginia. 
4 No. 3 grade teachers at $30 per mo 120 



Monthly pay _ $ 860 

Number of months 6 



Total for term $ 5,160 

Deduct amount on hand including amount of general school 

fund (Est.) 1,880 



Amount to be raised for teachers^ fund $ 3,280 

To ascertain the number of cents to be levied on every one hundred 
dollars' valuation of property in the district to raise $3,300 by taxa- 
tion, suppose the whole valuation in the district to be $1,200,000. 

EuLE — Drop the cents, if any, and add four ciphers to the amount 
in dollars to be raised by the levy, and divide by the amount in dollars 
taxable property. 

Example: 1,200,000)3,300,000(271/2 cents 
2,400,000 



9,000,000 
8,400,000 

600,000 

=V2 

1,200,000 
Similar calculations should be made in relation to the Building 
Fund. 

POEM NO. I. 

foem of oeders to be entered op eecoed by the board of 
education. 

Office of the Board of Education 

District, in the County of 

West Virginia. 

At a meeting of the Board of Education held on the day of 

J 19 • •? there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Board. 



School Law of West Virginia. 127 

On motion it is ordered that the following named persons be ap- 
pointed trustees in the following named sub-districts, for a term of 
three years, and until their successors are appointed and qualified: 

Trustee for Sub-District No. 1. 



Trustee for Sub-District No. 2. 



On motion of , it is ordered that the salaries of teachers 

per month for the school year, shall be as follows, according to the 

grade of their certificates : For grade No. 1, $ ; for grade No. 

2, $ ; for grade No. 3, $ 

It is found by the board that in addition to the available funds 

now on hand, $ will be necessary for the payment of teachers' 

salaries for the current year, and on motion of , it is ordered 

that a tax of cents on the one hundred dollars' valuation of 

the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for 
Building Fund.) 

On motion of , it is ordered that the president and secre- 
tary of this board be authorized to sign, in vacation, all proper 
orders for the payment of money out of the teachers' fund or the 
building fund, for the salaries of teachers employed and claims allowed 
by the board, and that they report the orders drawn on each fund, 
at the next meeting of this board. 

The secretary of this board made a report this day for the several 
orders drawn by him and the president, on the teachers' fund and 
the building fund, respectively, since the last meeting of the board, 

as follows : An order on the teachers' fund, in favor of , 

a teacher, for $ ; an order in favor of , a teacher, for 

$ ; also an order on the building fund, in favor of , for 

work done on school house, for $ ; and an order, in 

favor of for furnishing wood for school house 

for $ 

On motiofi of , it is ordered that when in the opinion of 



128 School Law of West Virginia. 

the president or of the two commissioners it is deemed necessary, the 
president or secretary may call a special meeting of this board. 
On motion the board does now adjourn. 



Secretary. President. 

FORM NO. II. 

ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF 

TRUSTEES. 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district No. 

, in the district of , on motion of , it 

is ordered that be, and he is hereby appointed to fill said 

vacancy for the unexpired term, and till his successor shall be ap- 
pointed and qualified. 

Note — This order of appointment should be entered in the record book of the board 
of education at a regular meeting and a copy of it signed by the secretary of the 

board served upon the appointee. 

FORM NO. III. 

appointment of a member of the board of education to 
fill a vacancy. 

Office of County Superintendent, 

OF THE County of 

, West Virginia, , 19 . . . 

It having been made known to me that there is a vacancy in the 

board of education in district in my said county, I 

, county superintendent of said county, in pursuance 

of the authority vested in me by law, hereby appoint to 

fill the vacancy in said board until the next general election. 

, County Superintendent. 

FORM NO. IV. 

call for special meeting. 

Office of ) 

District, ) 

County, W. Va. ) 

, 19.. 

It appearing to that a special meeting of the board of 

education of said district is necessary to transact business relating 



School Law of West Virginia, 



139 



to and other matters, a meeting is hereby called at 

at o'clock M, 19 . . 

You are requested to be present. 



To, 



21 

22 



Secretary. 



FORMS SUPPLIED BY STATE SUPERINTENDENT. 

Title of Form 

Teacher's Daily Register (Sec. 98) 

Teacher's Permanent Register (Sec, 9S) 

Teacher's Monthly Report to Board of Education (Sec. 99) 

Teacher's Monthly Report to Superintendent (Sec. 163) 

Permanent Grade Book (Sec. 12 6) 

Teacher's Report of Enumeration (Sec. 102) 

Secretary's Report of Enumeration (Sec. 104) 

County Superintendent's Report of Enumeration (Sec. 104) 

County Superintendent's Annual Report (Sec. 12 3) 

Trustee's Annual Report (Sec. 63) 

Secretary's Annual Report (Sec. 51) 

County Superintendent's Certificate to Auditor of Apportion- 
ment of General School Fund 

Requisition on Auditor for General School Fund (Sec. 43) 

Requisition on Auditor for Corporation Tax 

Requisition on Auditor for High School Aid (Sec. 30 e) 

Teacher's Contract with School Trustees (Sec. 56) 

Teacher's Contract with Board of Education (Sec. 28) 

County Superintendent's Certificate to Secretary of amount of 
General School Fund (Sec. 42) 

County Superintendent's Certificate to Secretary of Amount of 
Corporation Tax 

County Superintendent's Certificate to State Superintendent of 
Valuations and Rates of Levies (Sec. 49) 

County Superintendent's Certificate to Auditor of Valuation and 
Rates of Levies (Sec. 49) 

Secretary's Certificate to County Superintendent of Valuation 
and Rates of Levies (Sec. 49) 



130 School Law of West Virginia. 

Form I 
No. I Title of Form 

2 3 { County Superintendent's Order for Salary (Sec. 118) 



24 

25 

2 6-A 
2 6-B 



Secretary's Certificate to Auditor, Assessor, County Clerk and 
County Superintendent of Rates of Levies (Sec. 49) 

County Clerk's Notice of Delinquent List (Sec. 44) 

Compulsory Attendance Law, Form A (Sec. 73) 

Compulsory Attendance Law, Form B (Sec. 77) 



2 6-C| Compulsory Attendance Law, Form C (Sec. 76) 



27-A 
27-B 
2 7-C 
2 8-A 
2 8-B 
2 8-C 
29 
30 



Child Labor Law, Form A (App. A) 
Child Labor Law, Form B (App. A) 
Child Labor Law, Form C (App. A) 
Medical Inspection Law, Form A 
Medical Inspection Law, Form B 
Medical Inspection Law, Form C 
Pupil's Monthly Report Card (Sec. 12 6) 
Transfer of Pupils (Sec. 66) 



INDEX 



Page. Skc. 

Abstract of proceedings of board to be posted, where, when 33 46 

Accounts and settlements to be made with reference to school year 9 1 

Accounts, sheriff to keep with boards 67 138 

Account of special debt levy to be kept separate 21 24 

Account of institute expenses to be read 59 109 

Action against school officers, when 22 25 

Action of trustees may be revised 39 65 

Action against sheriff 70 147 

Acts prohibited 22 25 

Additional levy : 

for districts with towns and cities having more than six 

months' term 18 21c 

in teacliers fund to pay minimum salaries for minimum term 19 21c 

in districts maintaining high schools 19 21c 

for current expenses 19 22 

when and how made 19 22 

to pay interest on bonded indebtedness and provide sinking 

fund 20 22 

vote upon 20 22 

ballot for 20 22 

Additional salary : 

may be paid by board of any district 23 28 

Additional term : 

how provided for 23 27 

ballot for 2ii 27 

Advice and consent of county superintendent to purchase apparatus 14 13 

Affidavit verifying report of enumeration 57 102 

Age, legal of school attendance 40 69 

of children admitted to kindergarten schools 29 34 

of compulsory school attendance 41 72 

minimum, of teachers , 47 SO 

minimum, of applicants for certificates 49 85 

Agents of the board of the school fund 73 155 

Agent, no school teacher or officer to act as 79 156 

Aggregate of taxable property to be set forth 17 21c 

Agriculture, elementary 46 78 

Agricultural experiment station (see W. Va. University) 

Alcoholic drinks and narcotics ; nature of to be taught 46 78 

Allowance to be made for delinquent taxes 17 21c 

Amendment, constitutional, concerning the school fund 7 

Apparatus : 

to be purchased by board 14 13 

to be kept in repair 14 13 

to be purchased only by advice and consent of county superin- 
tendent 14 13 

for joint schools 16 18 

definition of 81 161 

value and kind of must be reported by trustees 38 63 

Appeal to county superintendent, when 14 12 

to circuit court, when 14 12 

Applicants for certificates : 

minimum age of 49 85 



132 Index. 

Applicants for Certificates — Continued. Page. Sec. 

to receive statement of grades, when 49 86 

to receive but two third grade certificates . . . . , 50 87 

not to receive more than one certificate of same grade in 

one year 49 86 

fee to be paid by 48 84 

to be examined in what 49 87 

(S'ee also certificates.) 
Appointment : 

of secretary 33 45 

of trustees , . . 35 53' 

of teachers 36 56 

of certain persons as teachers prohibited 37 58 

of truant officers 41 73 

of state board of education , 65 130 

of district superintendent 81 163 

of state board of control Appendix A 94 1 

of members state book commission 73 155-a-I 

of physicians as medical inspectors 43 77-biI 

of state board of regents Appendix A 104 17 

Apportionment of general school fund 31-32 40-42 

Approval of location and plans by county superintendent 15 14 

Approval of trustees in transferring pupils 39 66 

Appropriation : 

for examination of teachers 47 82 

for high school aid 26 80- (d) 

for salary of state superintendent 63 124 

Assessor : 

to make certificates of valuations to secretary and county 

superintendent, when 34 48 

certificates of to serve as basis for school levy 34 48 

rate of levy to be reported to by secretary 34 49 

penalty upon, for what 34 50 

Assistant examiners : 

number of, how determined 47 83 

compensation of 48 • S3' 

Assistants in examination of manuscripts 49 86 

Attendance at county institute required 58 106 

Attendance at district institute, credit for 59 111 

Attendance at school, to whom permitted 40 69 

Attendance, compulsory (See Compulsory Attendance.) 
Attorney General : 

to institute proceedings, when (See School Fund.) 

to prepare forms and instructions for certain elections 22 26 

Auditor : 

part of examination fees to be sent to 48 84 

part of institute fees to be sent to 59 109 

to report condition of school fund, when, to whom 72 151 

to deduct what from general school fund 31 40 

to ascertain amount of general school fund to be distributed 

and report to state superintendent 32 41 

report of valuation and levy to be made to by county super- 
intendent 34 49 

August : 

second Tuesday in, second meeting of board 16 21 

fourth Tuesday in, third meeting of board 17 21c 

Authority of Teachers 55 97 

Balance in sheriff's hands turned over to successor 70 149 

Balance from supplementary fund, if any, to revert to general 

school fund 18 21c 

Balance from special debt levy to revert to what 21 i.4 



Index. 133 

Ballot : Page. Sec. 

for vote on levy Ifi 20 

for vote on additional levy to pay interest on bonds, etc. . . . I'i 22 

for vote on extension of term 23 27 

for vote on district high school 25 30 (a) 

Blanks to be prepared by state superintendent 64 126 

Blanks and forms 124 

Blind, West Virginia school for 92 

Bluefleld Colored Institute 92 

Board of Education, the State (See State Board of Education.) 
Board of Education : 

how constituted 9 3 

election of 9 3 

term of 9 3 

tie in vote for 10 4 

vacancy in 10 5 

oath of members of . 10 6 

a corporation 10 7 

powers of as a corporation 11 7 

liability as a corporation 11 7 

process and notice may be served on 11 8 

to receive, hold and dispose of what 11 8 

to be deemed owner of what 11 8 

title to property vested in 11 8 

to obtain general warranty deed 11 8 

to retain school property, when 12 10 

to sell school property, when 12 10 

to have control of schools 13 11 

to determine number and location of schools 13 11 

to establish graded schools when necessary 13 11 

to establish high schools 13 11 

to change boundaries of sub-districts 13 11 

may increase or decrease number of sub-districts 13 11 

to enter on minute book, boundaries of districts and sub- 
districts 14 11 

shall close schools, when 13 11 

to provide sites and buildings 14 13 

to locate buildings with reference to convenience of pupils. . . 14 13 

to improve school grounds 14 13 

to provide furniture, etc 14 13 

to keep furniture, etc., in repair 14 13 

to obtain advice and consent of county superintendent before 

purchasing what 14 13 

to have regard to what in construction of buildings 14 14 

may condemn land 15 15 

to cause schools to be taught 15 16 

to employ teachers, when 15 16 

may discontinue school, when 15 17 

may provide building jointly 15 18 

■ to hold title to joint building 16 18 

to require bond of contractors 16 19 

to hold meeting on second Tuesday in August 16 21 

to ascertain condition of fiscal affairs in district and make 

up itemized statement 16 21 

statement of to set forth what (a, b, c.) "17 21 

to convene fourth Tuesday in .August 17 21c 

to hear and consider objections to estimate and proposed levy 17 21c 

to enter order of record showing objections 17 21c 

to reconsider and correct estimate and levies, when 17 21c 

to lay levy after making corrections 17 21c 

may levy for support of high school 19 21c 

may enter an order relating to additional levy 19 22 



134 Index. 

Board of Education. — Continued. Page. Sec. 

to submit to vote question of additional levy 19 22 

may lay additional levy for current expenses, when 20 22 

may lay additional levy for interest on bonds, when 20 22 

may continue to lay interest levy without additional vote, 

how long . .^ 20 22 

shall publish notice of election for additional levy 20 23 

may submit to voters question of special debt levy 21 24 

may continue special debt levy 21 24 

shall not expend money or incur indebtedness except as 

authorized by law 22 25 

may extend term 23 27 

shall submit question of longer term to vote, when 23 27 

shall notify ballot commissioners of election for longer term 23 27 

shall provide for extension of term, when 23 27 

shall fix salaries of teachers at first meeting 23 28 

shall fix number of teachers at first meeting 23 28 

shall have regard for grade of certificate in fixing salaries . . 23 28 

may lay additional levy when necessary 24 28 

shall extend term in graded schools, when 24 29 

may pay more than minimum salaries to teachers 23 28 

may pay additional salary to teachers in graded and high 

schools 23 28 

must submit to vote question of district high school 25 30 

to publish notice concerning district high school election.... 25 30 

shall pay tuition of high school pupils, when 27 80-a 

may hold meetings when 28 32 

may transact what business at a special meeting 28 32 

may do official business when only 28 32 

quorum of 28 32 

compensation of 29 33 

to attend county teacher's institutes 29 33 

to prescribe qualifications of kindergarten teachers 29 34 

may provide free text-books 29 35 

may purchase books for school libraries under certain re- 
strictions 30 37 

may borrow money and issue bonds, when, for what purpose. . 30 39 

must submit question of bond issue to vote 30 39 

shall appoint secretary, when 33 45 

shall appoint trustees, when 35 53 

to furnish trustees with record books 35 53% 

may remove teachers for what 37 58 

may declare teachers' contract void, when 37 58 

may remove trustees 36 54 

trustees to make report to concerning what 38 63 

shall pay expenses of trustees, when, from what fund 38 64 

to have supervision of trustees 39 65 

may revise action of trustees, when 39 65 

shall pay for tuition of transferred pupils 39 67 

may abolish sub-districts and consolidate schools, when 39 68 

to establish schools for colored youth 40 70 

may be compelled by mandamus to divide funds 40 71 

shall appoint truant officers \ 41 73 

to pay truant officers, when 42 77 

to pay for taking enumeration, when 57 103 

presidents to elect county superintendent in case of vacancy. . 61 116 

account to be kept with by sheriff 67 138 

not to be interested in contracts 80 158 

penalty upon for failure to perform duty 80 159 

may purchase flags and have them displayed 81 162 

may provide for district supervision ; shall when 81 163 



Index. 135 

Board of Education. — Continued. Page. Sec. 

may tal^e entire cliarge of scliools so supervised 82 164 

may establisli public library, when 115 1-9 

Board of examiners, State (See State Board of Education.) 

Board of public works, shall transfer funds from state fund to 

general school fund, when 31 40 

Board of Control (See State Board of Control) 

Board of Regents- (See State Board of Regents.) 

Board of the School Fund (See School Fund.) 

Bond: 

of county superintendent 60 115 

additional, of sheriff 67 137 

may be required of agents of board of school fund 73 155 

required of contractor 16 19 

Bonded indebtedness, constitutional provision 5 8 

additional levy to pay interest and redeem bonds 19 22 

Bonds : 

outstanding, levy for to be continued 20 22 

may be issued in any district or independent district 30 39 

payable when 30 39 

interest on must bo provided for 30 39 

limitation concerning 30 39 

question of must be submitted to vote and must receive three- 
fifths of all votes cast 30 39 

Books, School Text (see text-books.) 

Books, Free Text (see free text-books.) 

Books for School Libraries : 

may be purcuased by board 30 37 

maximum amount to oe expended for 30 37 

must be selected from list prescribed by state superintendent 30 37 

state superintendent to prescribe list of 65 129 

Boundaries of Sub-Districts : 

may be changed 13 11 

to be recorded in minute book 13 11 

Branches in which teachers examined 49 S7 

Building and repairing school houses ; bond for 16 19 

Buildings (See Scliool Houses.) 

Building Fires (see fires.) 

Building Fund : 

compensation for sweeping house, etc., paid out of 38 6i 

expenses of trustees paid out of 38 64 

fines paid into 41 72 

expense of conveyance of pupils payable out of 40 68 

compensation for institute attendance paid out of 58 106 

fines for violation of compulsory attendance law credited to.. 42 76 

compensation of truant officers paid out of 43 77 

compensation for taking enumeration paid out of 57 103 

amount in, due to, to bo raised for, to be set forth in state- 
ment 16 21a 

demands upon to be set forth in statement 17 21b 

expenditures from to be set forth in statement 17 21c 

levy for 17 21c 

maximum rate of levy for 18 21c 

Business may bo transa'cted by board, when 28 32 

Cadet Corps (Sec West Virginia University.) 

Calendar, the school 123 

Capitation Tax : 

constitutional provision concerning 4 

proceeds of to go to general school fund 31 40 

Certificate, Assessors : 

to county superintendent 34 48 



136 Index. 

Certificate, Assessors. — Continued. Page. Sec. 

to serve as basis for levy 34 48 

to secretary 34 48 

Certificates of proficiency in reading circle course 59 112 

Certificates ; Teachers : 

grade of to determine salaries 23 28 

required of kindergarten teachers 29 34 

to be endorsed by secretary 36 57 

to be presented to board of education •. . . . 36 57 

to be filed with secretary 36 57 

grades of 49 87 

valid in what schools ; include what subjects 49 87 

all matters relating to under control of state superintendent 47 81 

high school 51 90 

special 53 92 

short course 51 88 

normal school 51 89 

supervisors' 52 91 

state life 54 93 

emergency 54 94 

to be signed by state superintendent 49 86 

to be countersigned by county superintendent 49 86 

fees 48 84 

how revoked 55 96 

duration of 49 87 

renewal of elementary (See also Renewal) 50 87 

third grade issued but twice to same applicant 50 87 

only one of same grade to applicant in one year 49 86 

applicants to receive statement of grades when 49 86 

state superintendent and county superintendent to keep 

register of 49 86 

immorality or neglect of duty on part of persons holding, 

to be reported 55 96 

may be issued to persons coming from other states, when .... 51 81-92 
(See also Examination of Teachers.) 

Change in boundaries of sub-districts 13 11 

Charges against sheriff's account 67 139 

Child Labor Law : 

children under fourteen years of age not to be employed, 

etc Appendix A. 109 1 

commissioners of labor " " 109 1 

children under sixteen years of age to be em- 
ployed, etc " " 109 2 

employment certificates " " 110 2 

fines for violations " " 111 3 

prosecutions for violations " " 111 4 

Cigarettes, use of on school grounds prohibited 119 4 

Classes of youth enumerated 57 102 

Classification of high schools 25 30 

Clerk of county court : 

to certify name and address of county superintendent 61 115 

to call meeting of presidents to appoint county superinten- 
dent ; when, where 61 116 

vouchers and statements of sheriff to be returned to. ...'.... . 68 141 

to keep record of settlement with sheriff 69 142 

penalty upon ; for what 34 50 

levies to be reported to ; constitutional provision 7 

Collection of money due school fund 73 154, 155 

Collegiate Institute, the West Virginia. . . .' 88 

graduates of to receive certificates, when 51 89 

Colored Institute, the Bluefleld 92 



Index. 137 

Colored Schools (See Schools for Colored Youth.) Page. Sec. 
Colored Teachers : 

normal training for 87 188 

(See also Schools for colored Youth.) 
Colored Youth : 

not to be taught with white ; constitutional provision 8 

not to be taught in same school or building with white pupils 40 70 

board to establish schools for 40 70 

funds to be divided in proportion to number of 40 71 

(See also Schools for Colored Youth.) 

Commission, state school book 73 155 a I 

Commissioners School (See Board of Education.) 

Commissions, sheriff's 69 144 

Commissions, of agents for school fund 73 155 

Committee on course of study 65 131 

Common Drinking Cup, abolishment of 119 1 

Compensation : 

of president and members of board 29 33 

of school librarian 30 38 

of secretary for report 35 52 

of assistant examiners 47 83 

for taking enumeration ; when paid 57 103 

for attendance at county institute 58 106 

of institute instructors 59 108 

of county superinlendent for conducting examinations 61 118 

of state board of education 66 133 

of agents for school fund 73 155 

for building fires ; to be paid from what fund 38 61 

of truant officers ; how and when paid 42 77 

of state school book commission 73 155 a I 

Complaint against parent or guardian (Compulsory Attendance.) 

may be made by any resident or teacher 41 73 

truant officers shall make, when 41 73 

Complaint concerning action of trustees 39 65 

Compulsory Attendance : 

to whom applicable 41 72 

who responsible for violation of 41 72 

penalty for violation of 41 72 

fines for violation of to be credited to what 41 & 42 72 & 76 

an offense ; what constitutes 41 72 

exemption from 41 72 

truant officers to enforce 41 73 

(See also Truant Officers.) 

Condemnation of land for school purposes 15 15 

Condition of school houses to be reported by trustees 38 63 

Consent of county superintendent necessary to purchase what. ... 14 13 

Consolidation of schools 39 68 

Constitutional provisions concerning the school system 3 

Contagious diseases (see also Medical Inspection) 55 97 

Contingent expenses of state superintendent' office 31 40 

Continuation of special debt levy 21 24 

Contract, Teachers' : 

must be filed with secretary 36 57 

may be declared void, when 37 58 

understanding in concerning holidays 37 59 

Contracts for the conveyance of pupils 40 68 

Contracts for books (see Text-Books.) 

Contracts, school officers not to be interested in 80 158 

Control of schools 13 11 

Control of uniform examinations 47 81 

Conveyance of pupils 40 68 



138 Index. 

Conveyance of Pupils. — Continued. Page. Sec. 

expenses of 40 68 

contract foi 40 68 

Corporation : 

the boai'd of education to be a 10 7 

powers of as such 10 7 

liability of as such 10 7 

Correction of sheriff's settlement (See Sheriff.) 

Correction of levy may be made, how ; when 17 21c 

Cost of joint schools (See Joint Schools.) 

County court, sheriff to make settlement with 68 142 

County Financial Secretary (See Financial Secretary) 

County Institutes (See Institutes, County.) 

County officers, subject to indictment; constitutional provision... 4 

County Superintendent : 

constitutional provision for 6 

to give deciding- vote, when 10 4 

to fill vacancy in board 10 5 

to hear appeals in what case 14 12 

to serve notice on secretary of meeting to hear appeal 14 12 

may reverse or correct action of board, when 14 12 

to approve locations and plans of buildings, when 15 14 

to apportion general school fund to district 32 42 

to notify board of amount due from general school fund 32 42 

to issue requisition for general school fund, when 32 43 

rate of levy to be reported to by secretary 34 49 

to report rate of levy to clerk of county court and assessor. . . 34 49 
to report rate of levy and valuations to state superintendent 

and auditor 34 49 

penalty upon for what 34 50 

secretaries to make report to 34 51 

to designate place of holding examination 47 81 

to open examination questions, how 48 85 

to seal all packages of manuscripts and forward to state super- 
intendent 48 85 

to furnish information to state superintendent 48 85 

to debar certain persons from examination 49 85 

to keep register of certificates 49 86 

guilty of misdemeanor ; when ; penalty for 54 95 

shall vacate office, when 54 95 

to report immorality or neglect of duty on part of persons 

holding certificates , 55 96 

to conduct examinations 47 83 

to appoint assistant examiners ; how many ; compensation of . . 47 83 

to collect examination fees 48 84 

to pay assistant examiners and other expenses of examinations 48 ' 84 
to make itemized report of examination collections and dis- 
bursements ; to whom 48 84 

shall take receipts for all money expended in examinations. . . 48 84 

shall countersign certificates 49 86 

to transmit to state superintendent summary of enumeration 58 104 

may excuse teachers from attending institute, when only.... 58 106 

to prevent teachers from teaching, when 58 106 

to arrange for county institutes 58 107 

to remit part of institute fees to auditor 59 109 

shall make report to state superintendent of institute enroll- 
ment and fees expended 59 110 

to arrange for and conduct district institutes 59 111 

election of 60 113 

term of office of 60 113 

to notify state superintendent of his election 60 113 



Index. 139 

County S'uperintendcnt. — Continued. Page. Sec. 

tie in vote for ; presidents of boards to appoint 60 114 

oath of ; when taken 60 115 

to execute bond 60 115 

name and address of to be certified by clerk to state super- 
intendent 01 115 

vacancy in ofBce of ; how filled 61 116 

qualifications of 61 117 

salary of ; how determined 61 118 

compensation for conducting examinations 61 118 

may engage in teaching ; when only 62 118 

to report number of schools visited 62 119 

deductions from salary of 02 119 

payment of salary of 62 120 

report of ; delay in making 62 120 

to visit schools ; when ; for what purpose 62 121 

to examine school buildings and equipment 63 122 

to report incompetency, neglect of duty, etc 63 122 

to receive and revise reports of secretaries 63 123 

to make annual report to state superintendent 63 123 

not to be interested in contracts ; penalty 80 158 

ex-oflicio county financial secretary : 70 149-a 

County supervision, constitutional provision 6 

Course of study, committee on 65 131 

Course of study, manual of 40 79 

Course of study for reading circles 59 112 

Court of competent jurisdiction may declare office vacant, when. . . 22 25 

Credit for attendance at district institute 59 111 

Credits to sberilfs account 6T 139 

Current expenses, additional levy for 19 22 

Daily registers 56 98 

Deaf and Blind, West Virginia Schools for 92 

Debt ; constitutional provision for 5 

Debt levy, special (See Special Debt Levy.) 

Decrease or increase In number of sub-districts 13 11 

Deed, general warranty for school sites 11 8 

Deed, agents may execute, when (see school fund) 73 155 

Deductions from salary of county superintendent 62 119 

Deductions from general school fund 31 40 

Definition of terms used in this chapter SO 161 

Delay in making county superintendent's report; penalty 62 120 

Delinquent lists shall be returned 32 44 

Delinquent taxes and contingencies to be allowed for in statement 17 21o 

Destruction of free text-books, pupils responsible for 30 36 

Diplomas : 

kindergarten teachers' 29 34 

to be issued by state superintendent 46 79 

Disagreement of board as to location and plans 14 14 

Discontinuance of school, when 15 17 

Discontinuance of district high school 28 31 

Diseases, contagious or infectious (See also Medical Inspection) . . 5.5, 97 

Distribution of general school fund 31 40 

District : 

definition of 80 161 

constitutional provision 4&7 

to be sub-divided 9 2 

independent, constitutional provision 8 

every magisterial district a school district 9 2 

present districts and sub-districts to remain until changed 

by law 9 2 



140 Index. 

District High School : Page. Sec. 

may be established by vote of people 25 30 

notice of election for to be posted 25 30 

shall be discontinued, when 28 31 

District Institutes (See Institutes, District.) 

District Supervision : 

board may establish ; shall establish, when 81 163 

board to establish rules and regulations for 81 163 

superintendent, appointment of 81 163 

salary of superintendent 82 163 

to make reports 82 163 

board may take charge of schools so supervised 82 164 

Division : 

of districts 9 2 

of expenses in case of transferred pupils 39 67 

of funds with colored schools 40 71 

Drinking cup, common, abolishment of 119 1 

Drunkenness : 

persons addicted to debarred from examination 49 85 

revocation of certificates because of 55 96 

Duration of certificates 49' 87 

Duties : 

of state tax commissioner and attorney general 22 26 

of state superintendent 64 126 

of county superintendents (See County Superintendent.) 

of district superintendents ' 81 163 

of board of education (See Board of Education.) • 

of secretary of board 33 45 

of board of the school fund 72 152 

of the state board of education 65 130-134 

of truant officers 41 73 

of teachers (See Teachers.) 

of sheriff (See Sheriff.) 

of clerk of county court (See Clerk of County Court.) 

teachers exempt from 56 97 % 

of assessor 34 48 & 49 

Election : 

special 80 160 

for extension of term ; notice of to be published 23 27 

for levies, how held 20 23 

on question of district high school 25 30 

on question of bond issue 30 39 

Election of board of education 9 3 

Election of county superintendent 60 113 

Election laws, general, to apply in special elections 20 22 & 23 

Elementary certificates (See Certificates.) 

Elementary agriculture 46 78 

Emergency certificate 54 94 

Employer guilty of misdemeanor, when 42 74 

Employment of children (See Child Labor Law.) 

Employment of children in mines App. A. Ill 26 

Endorsement of teachers certificate by secretary, required 36 57 

Endorsement of orders by sheriff 69 145 

Enforcement of compulsory attendance 41 73 

Enumeration : 

distribution of school fund according to 31 40 

of pupils transferred 39 66 

to be taken and reported by teacher 56 101 

register to be returned or salary withheld 56, 57 100, 102 

to include what 57 101 

to be taken in what classes 57 102 



Index. • 141 

Enumeration. — Continued. Page. Sec. 

report to be delivered to secretary, when 57 102 

report to be verified by affidavit 57 102 

secretary to have talcen, wlien 57 lO.'i 

compensation for taking ; when, from what fund 57 103 

record of to be kept by secretary 57 104 

record to be sent to county superintendent 57 104 

summary of to be sent to state superintendent 57 104 

Enrollment fee ; county institute 59 109 

Equipment of schools to be examined 63 122 

Estimates of improvements and repairs, to be made to board 

by trustees 38 63 

Estimate of amount to be raised by additional levy 19 22 

Estimate of amounts needed and necessary levies 17 21o 

objections to must be heard 17 21c 

Examination and graduation of pupils 40 79 

Examination of buildings by county superintendent 63 122 

by trustees 37 60 

Examination in reading circle course 59 112 

Examination of Teachers : 

in kindergarten schools 29 34 

time and place of 47 81 

all matters relating to under control of state superintendent. . 47 81 

county superintendent to designate place of 47 81 

expenses of ; from what fund paid ; limit of 47 82 

to include what subjects 49 87 

applicants to receive highest grades 49 87 

who to be debarred from 49 85 

manner of conducting 49 85 

grades of certiflcates issued from 49 87 

fraud in connection with ; penalty for 54 95 

assistants for ; number of ; compensation of 47 83 

persons to oversee may be ajipointed by state superintendent. . 47 83 

fees for ; how disposed of 48 84 

for special certificates 53 92 

for high school certiflcates 51 90 

for supervisors' certificates 52 91 

compensation of county superintendent for conducting 01 118 

Examination fees 48 84 

Examination questions, state board of education may assist in 

preparing 60 131 

Exceeding maximum rate of levy ; penalty for 22 25 

Exclusion of pupils ; when ; by whom 55 97 

Excuse from institute attendance 58 106 

Exemption : 

of school propert.v from execution, etc 11 9 

from application of compulsor.v attendance law 41 72 

of teachers from certain duties 56 97^4 

Expenditures : 

current ; additional levy for 19 22 

unlawful by board, penalty for 22 25 

Expense : 

divided in case of transferred pupils 39 67 

of conveyance of pupils 40 68 

Expenses : 

of state superintendent's office ; how provided for 31 40 

traveling, of state superintendent 31, 64 40, 124 

of trustees 38 64 

of examination of teachers 47 82 

of conducting uniform examinations 48 84 

of institutes 59 108 



142 " Index. 

Expenses." — Continued. Page. Sec. 

of state board of education 66 138 

of members state board of control Appendix A. 94 1 

of members state board of regents " " 104 17 

Experiment Station, the West Virginia (See West Virginia University.) 

Expulsion of pupils ; when ; by whom 55 97 

Extension : 

of school term 23 27 

of term in graded schools 24 29 

Failure : 

of trustees to employ teachers 15 16 

of sheriff to pay orders 69 145 

of sheriff to make settlement 70 146 

of financial secretary to settle TO 148 

Fees : 

institute enrollment 59 109 

tuition (See Tuition Fees.) 

uniform examination ; how disposed of, etc 48 84 

Piling certificate with secretary 36 57 

Financial Secretary County : 

county superintendent ex-oflacio county financial secretary .... 70 149-a 

duties of 71 149-B 

office, supplies and compensation 71 149-c 

sheriff to report condition of funds to 71 149-d 

failure to settle with sheriff, penalty 70 148 

secretary of board to deliver orders to 33 45 

settlement with sheriff 67-69 139-143 

E^ine : 

against county financial secretary 70 148 

against school officers for excessive expenditures, etc 22 25 

for violation of compulsory attendance law; paid to sheriff.. 41,42 72,76 

against employers for what 42 74 

against county superintendent ; for what 54 95 

against persons tampering with questions, etc 55 95 

against sheriff ; how recovered 70 147 

against school officers and teachers, acting as agents, etc 79, 80 157, 158 

for certain offenses, against officers and teachers 80 159 

for failure to perform certain duties 34 50 

for violation of child labor law Appendix A 111 3 

Fires, Building of in Schools : 

under direction of trustees 38 61 

compensation for 38 61 

to be paid for from building fund 38 61 

Fiscal affairs, statement of 16 21 

Flags displayed 81 162 

Floating indebtedness ; how provided for 21 24 

Forfeitures of sheriff (See STieriff.) 

Forfeitures and fines to go to what fund 31 40' 

Forfeiture of office 22 25 

Forms and blanks ; state superintendent to prescribe 64 126 

Forms and Instructions 124 

Forms of Instructions : 

to be prepared by tax commissioner. 22 26 

to be prepared by attorney general 22 26 

to be prepared by state superintendent 64 126 

(See also Appendix B.) 
Fraud in Examinations : 

on part of county superintendent ; penalty for 54 95 

on part of other persons ; penalty for ^. . . 55 95 

Free instruction, to whom granted 40 69 

Free Schools; (See Schools.) 



Index, 143 

Free Text-Books : Page. Sec. 

board may purchase 29 35 

shall eutei- of record order to purchase 29 35 

secretary to have charge of 29 35 

teachers to distribute and have control of 29 36 

secretary to take receipt for from teachers 30 36 

teachers to collect and deliver to secretary 30 36 

pupils to be held responsible for injury or destruction of 30 36 

to be purchased directly from publishers, contract with 30 36 

Fund, the Building (See Building Fund.) 

Fund, the General ISchool (See General School Fund.) 

Fund, (See School Fund.) 

Fund, the Teachers' (See Teachers' Fund.) 

Fund, Supplementary (See Supplementary Fund.) 

Fund, Sub^District (See Sub-District Teachers' Fund.) 

Funds, to be divided with colored schools 40 71 

Furniture : 

to be provided 14 13 

to be kept in repair 14 13 

for joint schools (See Joint Schools.) 

General School Fund : 

sum due from to be deducted ; when 17 21c 

to be made up from what 31 40 

shall be apportioned and distributed according to what 31 40 

to be used for what 31 40 

auditor to deduct what 31 40 

not to be less than seven hundred and fifty thousand dollars 31 40 
transfer to from state state fund may be made ; when and 

by whom 31 40 

may be made one million dollars ; when 31 40 

auditor to ascertain amount of to be distributed and report 

same to state superintendent 32 41 

state superintendent to ascertain proper share of due to each 

county 32 41 

can not be drawn by board until when 32 42 

requisition for to be made, when 32 43 

payable to counties in two installments 32 43 

expenses of uniform examinations paid from 47 82 

General supervision of schools; constitutional provision 5 

Gifts to institutions accepted by board of control. .. .Appendix A 103 15 

Girl's Industrial Home 92 

Governor : 

state superintendent to make report to 64 127 

to lay before legislature auditor's report of condition of 

school fund 72 151 

to appoint various boards (See under each State institution.) 

Grades of uniform certificates 49 87 

Graded Schools : 

may be established by board 13 11 

definition of 80 161 

extension of term in ; manner of 24 29 

cost of extension of term in not to exceed what 24 29 

proceeds of levy for to be known as "sub-district teachers 

fund" 24 29 

Grading of manuscripts 49 86 

Grades of certificates 49 87 

Graduates of Certain Schools : 

to receive certificates of first grade on graduation, without 

examination 51-53 88-92 

Graduation of pupils 46 79 

Grammar school, definition of 80 161 

Grounds to be improved 14 13 



144 li^DEX. 



Page. Sec. 

Harboring children unlawfully 42 74 

Health, Commissioner of 

to inspect school houses , 120 2 

to enforce public health laws and regulations 120 4 

High School : 

definition of . ■. 80 161 

how established .' 25 30 a 

levy for 19 21c 

levy for not to exceed what 19 21c 

classification of 26 30-6 

state aid for og 30^ 

district (See District High School.) 

joint district 27 30% 

subjects taught in 46 73 

course of study for 65 131 

High School Teachers' Certificate : 

granted when and under what regulations 51 90 

examination for 51 90 

renewal of 52 90 

grade of determined 52 90 

Holidays : 

list of Appendix A lOS 1 

schools not to be kept open on 37 59 

counted as day's taught, when 37 59 

definition of 80 161 

Home for Girls, West Virginia Industrial 92 

Houses, school (See School Houses.) 
Houses and Sites : 

to be examined by president of board 12 10 

to be retained, when 12 10 

to be sold, when 12 10 

Immoral Character : 

persons debarred from examination because of 49 85 

certificates may be revoked because of 55 96 

Immorality or neglect of duty; county superintendent to report.. 55 96 

Imprisonment; employer may be punished by, for what 42 74 

Improvement of school grounds 14 13 

Improvements ; legislature to encourage ; constitutional provision 8 

Improvements and repairs, estimate of to be furnished by trustees 38 63 

Incompetence on part of teachers to be reported 63 122 

Increase or decrease in number of sub-districts 13 11 

Indebtedness, Bonded : 

constitutional provision for 5 

additional levy to pay interest on 19 22 

Indebtedness, of former years ; how provided for Appendix A 112 8 

Indebtedness unlawfully incurred by board ; penalty 22 25 

Independent districts ; constitutional provision 8 

Indictment; county officers subject to; constitutional provision.. 4 

Industrial Home for Girls 92 

Industrial School for Boys 92 

Infectious diseases (See also Medical Inspection) 55 97 

Injunction ; school officers may be removed by 22 25 

Inspection, medical (See Medical Inspection.) 

Inspection of secretary's record may be made 33 45 

Inspection of school houses by trustees ; when made 37 60 

Institutes, Countj^ : 

president and members of board to attend ; to be held, when, 

where 58 105 

teachers required to attend 58 106 

county superintendent may excuse teachers from attending, 

when only 58 106 



Index. 145 

Institutes : County — Continued. Page. Sec. 

compensation for attending ; from what fund paid 58 106 

failure to attend to debar from teaching 58 . 106 

instructors for ; qualification of 58 107 

pay of instructors for 59 108 

. enrollment fee : how used 59 109 

account of expenses to be approved by institute 59 109 

certified list of peisons enrolled to be sent to state superin- 
tendent . 59 110 

Institute, District : 

number of to be held 59 111 

credit for attendance 59 111 

Institute, the Bluefield Colored '-12 

Institute, the West Virginia Collegiate 88 

Instruction : 

free, to whom granted 40 69 

in what branches vc luired 46 78 

Instructions : 

of tax commissioner to be followed in what 22 26 

of attorney general as to elections 22 26 

Instructors for county institutes (See Institute, County.) 

Insurance of state institutions Appendix A 104 16 

Interest : 

charged against sheriff, when 70 146 

on bonded indebtedness, provision for 19 22 

levy for may be continued without additional vote until when 20 22 

on bonds must be provided for 30 39 

Intermediate School, definition of 80 161 

Interpretation of schooi law 65 128 

Investment of the School Fund 72 152 

Joint district high schools 27 30i^ 

Joint Schools : 

how provided 15 18 

title to buildings for 16 18 

terms of agreement to be reduced to writing 16 18 

shall be provided with furniture, etc 16 18 

Judgment against board of education 72 150 

Judgment against sheriff, when 69 145 

July, first Monday in. board to hold first meeting 23 27 

Jury, teachers exempt from serving on, when 56 97l^■ 

Justices to remit fines to sheriff 42 76 

Keyser Preparatory Branch of the West Virginia University.... 88 
Kindergartens : 

board may establish in what schools 29 34 

who admitted to 29 34 

teachers of, qualifications for 29 34 

Land, condemnation of for school purposi's 15 15 

title to, in whom vested 12 9 a I' 

. sale or conveyance 12 9 a II 

Law, the school (See School Law. i 

Laws governing general elections to apply in special elections. ... 20 22 

Legislature : 

to prescribe terms of oflice : constitutional provision 

to provide free schools ; constitutional provision 

to encourage improvements ; constitutional provision 

power of to levy : constitutional j^rovision 

Levy : 

vote on 

ballot for vote on 

rate of to be set forth in statement 11 

may be corrected : how 

to be laid after corrections made 18 



3 




5&9 




8 




4 




16 


20 


16 


20 


17 


21-c 


17 


21-c 


18 


21-c 



146 Index. 

.Levy — Continued. Page. Sec. 

for building fund ; maximum rate of 18 21-c 

for teacliers' fund ; maximum rate of , 18 21-c 

for support of high schools 19 21-o 

additional (See Additional Levy.) 

for interest on bonds and for sinking fund 19 22 - 

for bonded indebtedness ; continuance of ; use of 20 22 

elections on ; how held 20 23 

special debt (See Special Debt Levy.) 

maximum rate of may not be exceeded 22 25 

special for extension of term : fund to be known as what. ... 24 29 

delinquent lists for 32 44 

.assessor's certificate of valuations to serve as basis for 34 4S 

rate of to be reported by secretary ; when, to whom 34 49 

-specific, may be ordered, when T2 150 

constitutional provision concerning T 

fpower of legislature to lay ; constitutional provision 4 

•special debt (See Special Debt Levy.) 

"Liability of school officers to action by state, when 22 25 

Libraries, Public 115 1"9 

Libraries, School : 

number and value of volumes in to be reported by trustees. ... .38 63 
(See also Books for School Libraries.) 

Librarian : 

may be appointed by trustees, when 30 38 

compensation of 30 3S 

to open library, when 30 oS 

who may draw books from 30 3S 

'Limit of special debt levy Appendix A 112 S 

Limitation on bond issue 30 39 

Location of Schools : 

to be determined by board 13 11 

to be determined with reference to convenience of pupils.... 14 13' 

Location and Plans : 

to be approved by county superintendent 14 14 

to be selected by county superintendent, when 14 14 

Magisterial districts to be school districts 9 2 

Mandamus : 

school officers may be removed by 22 

to compel division of funds ' 40 

payment by sheriff may be enforced by. '<'2 150 

Manual of course of study • 46 79 

Manuscript, examination ; transmission of 48 85 

Maximum Rate of Levy : 

for building fund 18 21-c 

for teachers' fund 18 21-e 

Medical Inspection : 

provision for 43 77 b I 

appointment of physicians as inspectors 43 77 b I 

duty of inspectors 43 77 b IV 

record of inspection, form of 44 77 bVI 

notice of symptoms to parents 45 77 b VI 

Meeting of presidents to appoint county superintendents, when. . 61 116 

Meetings of Board of Education : 

first ; when held ; business to be transacted 23 28 

second ; when held ; business to be transacted 16 21 

third ; when held ; business to be transacted 17 21-c 

monthly and special 28 32 

Meetings of board of school fund ; when, where 72-73 152 & 153 



71 



Index.- 147 

Page. Sec. 
Meetings, literary and religious may be held in school houses ; 

conditions 38 62 

Meetings of trustees 35 53 ^4 

Member of Board : 

must vacate office, when 10 5 

oath of ; when to be taken 10 6 

compensation of 29 33 | 

Method of making settlement, sheriff's 68 141 i. 

Minimum amount of general school fund 31 40 i 

Minimum Salaries : ' 

for different grades of certificates 23 28 ! 

may be exceeded, when 23' 28 

Minimum school term 18 21-o 

Misdemeanor : 

school officers guilty of, when 22 25 

assessor, clerk of county court, secretary, or county superin- 
tendent, guilty of, when 34 50 

parent or guardian guilty of, when 42 74 

employers guilty of, w'hen 41 72 

county superintendent guilty of, when 51 88 

county financial secretary guilty of, when 70 148 

to act as agent, penalty 79 157 

Money for school purposes collected and distributed by sheriff. ... 67 lb7 

Montgomery Preparatory Branch of the West Virginia University. . 87 

Name and address of county superintendent to be certified 61 115 

Narcotics and alcoholic drinks; special instruction concerning.... 46 78 

Neglect of duty on part of school officers, fine for 80 159 

^v^eglect of duty ; county superintendent to report 55 ' 96 

Non-attendance (See Compulsory Attendance.) 
Normal Schools : 

graduates of to receive uniform certificates without examina- 
tion, when 51 88-89 

constitutional provision 8 

(See also State Normal Schools.) 

Normal training for colored teachers 87 188 

Notice : 

of elections for special bond levy 20 23 

of election on question of district high school 25 30 

of violation of compulsory attendance law ; when required ; 

when not required 41 73 

of meeting of presidents to appoint county superintendent. ... 60 114 

Notification of trustees of appointment 35 53 

Number and location of schools to be determined by board 13 11 

Number of sub-districts may be increased or decreased 13 11 

Number of teachers ; board to determine, when 23 28 

Oath : ; 

of members of board 10 6 i 

of secretary of board 33 45 f 

may be administered by secretary ; for what purpose 34 47 ;• 

of trustees 35 53 

of county superintendent 60 115 

of members of board of control Appendix A 94 1 

of office ; constitutional provision 3 

Objections to estimate and proposed levy 17 21-c | 

Objections to sheriff's settlement (See Sheriff.) ,[ 

Obligation unlawfully incurred by board ; penalty for 22 25 ! 

Offense against compulsory attendance law 41 72 

Officers of board of school fund 72 152 ^ 

Officers, county, subject to indictment; constitutional provision.. 4 

Officers, school (See School Officers.) i 

Order of proceedings at annual meetings of board. .. .Appendix B 124 , ] 



148 • Index. 

Page. Sec. 

Order for purchase of free text-books to be entered of record 29 35 

Orders : 

outstanding, may be paid by special levy 21 24 

for teacliers" salary ; drawn by whom ; signed by whom 56 99 

paid by sheriff, when 67 138 

failure of sheriff to pay 69 145 

Outstanding l)onds 20 22 

Overseers for examination may be appointed 48 83 

Parent or Guardian : 

to be notified, when 41 & 45 73 & '. i b VI 

complaint against 41 73 

Payment : 

of teachers 56 99 

of salary of county superintendent 62 120 

of school orders 67, 69 138, 145 

in excess by sheriff 68 140 

of orders by sheriff may be enforced by mandamus 72 150 

of bonds 30 39 

of tuition required of whom 40 69 

Penalty : 

against employer, when {See also Child Labor Law) 42 74 

for violation of compulsory attendance law 41 72 

upon county superintendent for committing fraud in examina- 
tions . ^ 54 95 

upon county superintendent for failure to make report 62 120 

for tampering with examination questions and manuscripts . . 55 95 

upon sheriff ; for what 69 145 

for acting as agent 79 157 

for being interested in contracts 80 158 

not otherwise provided .• 80 159- 

upon board of education for unlawful expenditures, etc 22 25 

upon board of education for exceeding maximum rate of levy. . 22 25 
upon assessor, clerk of county court, secretary, or county 

superintendent, for what 34 50 

Personal property ; taxes levied on to be extended on proper book 34 49 

Petition : 

for longer term 23 27 

for longer term in graded schools 24 29 

for discontinuance of district high school 28 31 

for district supervision 81 163 

for librarian for school library 30 38 

Place and time of holding examinations 47 81 

Plans and Location for School Building : 

to be approved by county superintendent 14 14 

to be selected by county superintendent, when 14 14 

Poll books and tally sheets for special election to be furnished 

by whom 21 23 

Power of legislature to levy ; constitutional provision 4 

Powers of board as a corporation 10 7 

Preparatory Branch of the West Virginia University at Mont- 
gomery 87 

Preparatory Branch of the West Virginia University at Keyser. . . 88 

President of Board of Education : 

election of 9 3 

to examine houses and sites 12 10 

compensation of 29 3'3 

to attend county teachers institutes 29 33 

to sign teachers' orders 56 99 

to appoint county superintendent, when 60, 61 114, 116 

Primary Teachers" Certificate 53 92 



Sec. 


161 


75 


46 


24 


10 



Ikdex. 149 



Page. 

Primary school, definition of 80 

Principals to report cases of truancy 42 

Proceedings of board, abstract of 33 

Proceeds of special debt levy not to be used for other purposes. ... 21 

Proceeds of sale of property to be added to building fund 12 

Process : 

may be served on board 11 

copy of to be delivered to whom 11 

Professional certificates (See State Professional Certificates.) 

Prohibition concerning appointment of teachers 37 

Prohibition of certain acts, applying to board 22 

Property : 

exempt from execution 11 

to be inspected ; may be sold 12 

title to, in whom vested 12 

sale or conveyance of 12 

aggregate of to be set forth in statement 17 

taxable to be classified ii; statement 17 

personal, to be listed separately 17 

assessed by B. of P. W. to be listed separately 17 

Prosecuting Attorney : 

may require correction in sheriff's settlement 69 

to proceed against sheriff, when 70 

Provisions as to certain funds 21 

Provisions must be made for interest on bonds 30 

Publication of order calling special election 20 

Pupils : 

to be held responsible for injury or destruction of text-books. . 29 

transferred ; where enumerated 39 

transportation of 39 

examination and graduation of 46 

colored (See Colored Youth.) 

under control of teacher, when, where 55 

may be excluded, when 55 

may be suspended, when, by whom 55 

may be expelled, when, by whom 55 

Purchase of certain supplies by trustees 38 

Qualifications : 

of kindergarten teachers 29 

of trustees 35 

of institute instructors 58 

of county superintendent 61 

of state superintendent 63 

Questions for Examinations : 

preparation and transmission of 48 

state board of education to assist in preparation of, when. ... 65 

tampering with ; unlawful possession of ; penalty 54 

Quorum : 

of board of education 28 

of trustees 35 

Rates of Levy : 

maximum for teachers' and building funds 17 

to be set forth In statement 17 

to be reported by secretary, when, to whom 34 

Reading Circles : 

state superintendent to prescribe course for ; in what subjects 59 

examination in course of 59 

certificates of proficiency in 59 



58 


25 


9 


10 


9al 


9 a II 


21c 


21c 


21c 


21-c 


143 


24 


39 i 


23 


i 
36 


66 1 


68 1 


79 


97 


97 


97 


97 


61 , 


34 • 


53 ; 


107 


117 


124 [ 


85 j 


131 


95 


32 ' 


5314 i 


21c ' 


2I0 


49 


112 


112 


112 1 



150 Index. 

Real Estate : Page. Sec. 

to be listed separately 17 21c 

taxes levied on to be extended on proper book 34 49 

Receipt for amounts expended in examination 48 84 

Reconsideration and correction of estimate and levies 17 21c 

Record : 

of objections to estimate and levies 17 21c 

trustees, of proceedings 35 53 1/^ 

of enumeration 57 104 

of teachers' certificates 49 86 

of sheriff's settlements with county court 68 142 

of proceedings of board of school fund 72 152 

Record, Secretary's : 

to be signed by whom 33 45 

to be delivered to successor 33 45 

Recovery of fine against sheriff 70 147 

Regents, State Board of (See State Board of Regents.) 
Register of Certificates : : 

state superintendent's 49 86 

county superintendent's 49 86 

Registers and reports, teachers' 56 98 

Regulations : 

concerning school libraries 30, 115 38, 1- 

concerning use of school houses 38 62 

concerning the uniform system of examinations 47 81 

Relationship exclusion 37 58 

Removal : 

of school officers 22 25 

of trustees from office 3'6 54 

of teachers 37 58 

of members of state board of control Appendix A 94 1 

of members of state board of regents " " 104 17 

from office ; constitutional provision 4 

Renewal : 

of first grade certificates 49 87 

of high school certificates 51 90 

of supervisor's certificate 52 91 

of short course certificate 51 88 

of normal school certificate 51 89 

of special certificates 53 92 

of state professional certificates 66 132 

Repairs : 

of furniture, apparatus, etc 14 . 13 

of school building, bond for 16 19 

Repairs and improvements, estimate of, trustees 38 68 

Report : 

auditor's concerning the general school fund 32 41 

concerning rate of levy ; secretary's ; county superintendent's 34 49 

of trustees to board ; to show what 38 63 

of expenses trustees 38 64 

! teacher's, principal's and superintendent's to truant officer. . . 42 75 

I of immorality or neglect of duty on part of teachers 55 96 

j of collections and disbursements on account of uniform 

' examinations 48 84 

I of secretary must be made before salary is paid 35 52 

' of teacher to secretary 56 98 

of enumeration 56 100 

of schools visited, county superintendent's 62 119 

1 of state superintendent, to include what 64 127 

i of state board of education 66 134 

1 of auditor concerning condition of the school fund 72 151 



Index. 151 

Report — Continued. Page. Sec. 

of district superintendent _ 81 163 

of levies ; constitutional provision 7 

of board of regents Appendix A 106 20 

Report, County Superintendent's : 

delay in making ; penalty for 62 120' 

made up from what 63 12.'^ 

Report, Secretary's : 

to whom made 35 51 

when made 35 51 

compiled from what 35 51 

Reports to be made with reference to school year 9 1 

Requirements for primary teacher's certificate 53 92 

Requirements for high school teacher's certificate 51 90 

Requisition for general school fund made by board 32 43 

Requisitions, state superintendent to sign 64 125 

Residence of state superintendent 64 125- 

Restrictions concerning purchase of books for school libraries. ... 30 37 

Return of delinquent lists 32 44 

Review of teacher's action, when, by whom 55 97 

Revision of action of trustees 39 65 

Revocation of certificates 55 96' 

Rules and regulations for district supervision 81 163 

Salary : 

of state superintendent 63 124 

of district superintendent 81 163 

of members state board of control Appendix A 94 1 

of members state board of regents " " 104 17 

of employes state board of control " " 97 T 

Salary of County Superintendent : 

how determined 61 118 

deductions from 62 119, 120' 

payment of 62 120 

for fourth quarter not payable until when 62 120 

Salary of secretaries of district boards : 

to be paid from what 35 52 

to be paid how and when 35 52 

Salary of teachers : 

to be discontinued, when 15 17 

may be fixed above minimum, when 23 28 

board to fix at first meeting 23 28 

regulated by grade of certificate 23 28 

minimum for each grade of certificate 23 28 

may not be transcended or diminished 23 28 

paid how 56 99 

balance of not paid until when 56 lOO 

additional (See Additional Salary.) 

Sale of school property 12 10 

Saturday not a school day 37 59 

School : 

definition of 80 161 

attendance at permitted to whom 40 69- 

Schools : 

to be provided for by legislature ; constitutional provision .... 5 

to be taught 15 16^ 

may be discontinued, when 15 17 

joint (See .Joint Schools.) 
graded (See Graded Schools.) 

not to be kept open on Saturdays or holidays 37 59 

to be visited by trustees 37 60 

consolidation of .HQ 68 

graded and high ; subjects taught in 46 78- 



152 Index. 

Schools — Continued. Page. Sec. 

money for; collected and disbursed by sheriff 67 137 

for deaf and blind (See West Virginia School for Deaf and Blind.) 
State Normal (See State Normal Schools.) 

•School calendar Appendix B 123 

■Schools for Colored Youth : 

must be established 40 70 

shall have share of fund 40 71 

board may be compelled by mandamus to divide funds with.. 40 71 

■School Board (See Board of Education.) 

School Books (See Text-Books.) 

School Book Commission (See Text-books.) 

School Districts (See Districts.) 

School Fund, the General (See General School Fund) 
^School Fund, the : 

constitutional provisions concerning 6 

constitutional amendment concerning 7 

income from to go to what 31 40 

auditor to report condition of 72 151 

the board of ; duties of ; officers of 72 152 

meetings of board of, to be held where 72 152 

record of proceedings of board to be kept 72 152 

meetings may be held when 73 153 

•collection of money due 73 154 

board of may appoint agents to collect claims 73 155 

board to require bond of agents 73 155 

agents to execute deed, when 73 155 

compensation of agents 73 155 

School grounds to be improved 14 13 

School Houses : 

to be retained, when ; to be sold, when 12 10 

number and location of 13 11 

to be located with reference to what 14 13 

for joint schools (See Joint Schools.) 

•exempt from execution 11 9 

may be provided jointly 15 is 

to be kept in order by trustees 08 61 

may be used for what 38 62 

regulations for use of 38 62 

to be examined 63 122 

School Law : 

to be published by state superintendent 64 126 

interpretation of 65 128 

School Libraries (See Libraries and Books for Libraries.; 

School Librarian (See Librarian.) 

School Officers : 

not to be interested in sale of books ; constitutional provision 8 

oath of ; constitutional provision 3 

removal of ; constitutional provision 3 

terms of : constitutional provision 3 

guilty of misdemeanor 22 25 

personally liable, when 22 & 113 25 & 9 

not to act as agents 79 156 

not be interested in contracts 80 158 

penalties against 79 & 80 157-159 

School Property (See Property.) 

School Term (See Term.) 

School Year : 

■begins and ends when 9 l 

accounts and settlements made with reference to 9 1 



Index. 153 

Page. Sec. 

Seal, State Superintendent's 64 125 

Secretary of Board : 

oath of members of board filed with 10 6 

to make record of corrections and levy IT 21 c 

to furnish poll books, etc., for special election. . . 20 23 

to post notices of election for extension of term 23 27 

to have charge of free text-books 29 3'5 

to take receipt from teachers for free text-books 29 36 

board shall appoint, when 33 45 

shall not be a member of board S^ 45 

shall take oath 33 45 

shall attend all meetings and keep record 33 45 

record of attested by his own and president's signatures 33 45 

records of shall be open to inspection 33 45 

to have charge of all records and papers 33 45 

records of and documents to be delivered to successor 33 45 

shall deliver orders to county financial secretary 33 45 

shall post abstracts of proceedings of each meeting, where, 

when 33 46 

shall post itemized statement of settlement with sheriff, where, 

when 33 46 

may administer oath to whom 34 47 

assessor shall deliver certificate of valuation to, when 34 48 

to report rate of levy when, to whom 34 49 

penalty upon ; for what 34 50 

to make statistical report ; when ; to whom 35 51 

salary of . . . ( 35: 52 

compensation for report 35 52 

teacher's contract shall be filed with 36 56 

teacher's certificate shall be filed with 36 57 

teacher's certificate to be endorsed by 36 57 

shall return expense account of trustees for correction, when 38 64 

truant officers to make statement to 42 76 

to issue orders for teachers' salary 56 99 

teachers' term report returned to 56 100 

report of enumeration to be filed with 57 102 

to deduct from teacher's salary, when 57 102 

to have enumeration taken, when 57 103 

to keep record of enumeration 57 104 

to transmit record of enumeration to county superintendent 57 104 

Service of Process 11 8 

Security ; contractors to give 16 19 

Settlement : 

to be made with reference to school year 9 1 

with sheriff, statement of to be posted by secretary 33 46 

of sheriff with county financial secretary 67 139 

of sheriff with county court 68 142 

Sheriff : 

general school fund paid to order of 32 43 

to collect and account for taxes 3'4 49 

to receive tuition fees and credit to teachers' fund 40 69 

truant officer to make statement to 42 76 

fines to be paid to 42 76 

to collect and disburse all school money 67 137 

to give additional bond 67 137 

to keep accounts with boards of education 67 138 

to pay orders, when 67 138 

to make annual settlements with county financial secretary.. 67 139 

to be charged with what 67 139 

to be credited with what 67 139 

not to receive credit for payments in excess 68 140 



154 



Index. 



Sheriff- — Continued. 

method of making settlement 

vouchers and orders of to serve as basis for settlement 

to make settlement by districts with county court 

corrections in settlement of may be made at the instance of 

whom 

settlement of with county financial secretary may be accepted 

by county court, when 

commissions of 

failure of to pay orders ; judgment and penalty 

shall not be required to endorse orders before, when 

failure of to settle ; forfeiture for , 

action against 

to turn over balance to successor 

to report condition of funds 

may be compelled to pay orders by mandamus 

Sinking fund, may be provided for ; when ; how . .' 

Sites and buildings to be provided by board 

Special Debt Levy : 

board may submit question of to voters 

limit of 21 & 

board may continue without additional vote until debt is 

paid , 21 & 

proceeds of not to be used for any other purpose 21 & 

treasurer of, to keep account of separately 21 & 

balance from to revert to what 21 & 

orders to be listed 

for indebtedness created previous to 

laid only upon consent of tax commissioner 

Special Election : 

order for to be published 

for extension of term 

manner of holding, etc 

State may maintain action against school officers 

State Board of Control : 

creation of Appendix A 

a corporation " " 

how constituted " " 

appointment of " " 

how and for what removed " " 

salary of members " " 

expenses of members " '' 

offices and fixtures " " 

to give entire time to duties " " 

to manage and control certain institutions " " 

titles vested in ' " " 

money due institutons reported to " " 

to appoint a secretary and clerks " " 

salaries of employes of " " 

to keep a set of books ■' " 

to examine conditions and records of institutions " " 

to visit institutions " " 

to summon witnesses " " 

to fix number and compensation of assistants 

and employes of institutions " " 

to investigate charges against employes " " 

to recommend removal of certain officers " " 

to fix salaries of officers and employes " " 

to pay salaries when " " 

to make rules for its conduct " " 

to purchase supplies " " 

to publish and award contracts " " 



Page. 


Sec 


68 


141 


68 


141 


68 


i42 



69 



143 



69 


143 


69 


144 


69 


145 


69 


145 


70 


146 


70 


147 


70 


149 


71 


149 d 


72 


150 


19 


22 


14 


13 


21 


24 


112 


24 & 8 


112 


24 & 8 


112 


24 & 8 


112 


24 & 8 


112 


24 & 8 


112 


8 


112 


8 


112 


8 


20 


23 


23 


27 


80 


160 


22 


25 


94 


1 


94 


1 


94 


1 


94 


1 


94 


1 


94 


1 


94&95 


1&2 


94 


1 


94 


1 


95-96 


3&4 


96 


5 


97 


6 


97 


7 


97 


7 


97 


7 


97 


7 



98 



99 


9 


99 


9 


99 


9 


99 


9 


99 


9 


100 


10 


100 


11 


100 


11 



Index. 155 

State Board of Control — Continued. Page. Sec. 

to determine kind of animals to be slaughtered. . " " 100 11 

to inspect meats, poultry, etc " " 100 11 

to have no interest in contracts or gifts " " 100 11 

to forfeit office when " " 100 11 

to employ architects " " 101 12 

to construct, remodel and repair buildings " " 101 12 

to prescribe records to be kept " " 102 13 

to make report to governor ' " " 103 14 

governor may direct to make investigation " " 103 14 

to accept gifts for institutions " " 103 1.5 

to have charge of insurance of institutions " " 104 16 

to report list of employes to auditor " " 106 21 

State Board of Education : 

of whom composed ; appointment of 65 130 

to perform duties of state board of examiners 65 131 

to constitute committee on course of study 65 131 

to prescribe and publish branches for examination for certain 

certificates 65 131 

to assist in preparation of examination questions, when 65 131 

compensation of 66 133 

may renew or convert professional certificates 66 132 

to recommend certificates to teachers 53 &2 

to keep a record showing what 66 134 

to make report to state superintendent 66 134 

State Board of Examiners (See State Board of Education.) 
State Board of Regents : 

creation of Appendix A 104 17 

a corporation " " 104 17 

how constituted " " 104 17 

appointment of " " 104 17 

removal of members of " " 104 17 

salary of members " " 104 17 

to control educational departments " " 105 18 

to employ officers and teachers " " 105 18 

to fix salaries " '" 105 18 

to prescribe courses of study and text books " " 105 10 

to publish rules and regulations " " 105 19 

to meet with board of control " " 105 19 

to make report to governor " " 106 20 

to furnish data to state superintendent of schools " " 106 20 

to report list of employes to auditor " " 106 21 

governor may require additional duties of " " 107 22 

State Normal Schools 85 

constitutional provision 8 

Marshall College. 85 177 

Fairmont Branch 85 181 

West Liberty Branch 86 182 

Glenville Branch 86 183 

Shepherdstown Branch 86 184 

Athens Branch 87 185 

State Professional Certificates : 

validity of t 66 132 

renewal of 66 132 

State School Book Commission (See Text Books.) 
State Superintendent : 

to withhold money from general school fund, how much and 

for what purpose 17 21c 

to deposit money with treasurer of board, when and for 

what purpose 

salary of paid from what Note 

traveling expenses of not to exceed what ; paid from what. . . . 



17 


21c 


64 


124 


31 


40 



156 Index. 

state Superintendent — Continued. Page. Sec. 

contingent expenses of office of, paid from what 31 40 

to apportion general scliool fund to counties 32 41 

to notify auditor and county superintendent of apportionment 

of general school fund 32 41 

report of A'aluations and levy to be made to by county 

superintendent 35 51 

to prepare manual of course of study 46 79 

to see that teachers follow manual 46 79 

to provide for examination and graduation of pupils 46 79 

to issue diplomas 46 79 

to have control of all matters pertaining to examination of 

teachers 47 81 

to prepare and transmit questions 48 85 

to prescribe manner of conducting esaminatigns 48 85 

to examine manuscripts 49 86 

to issue certificates ; of three grades 49 86 

to satisfy himself as to identity of applicants for certificates 49 86 

may revoke certificates when and for what 55 96 

to renew first grade certificates 49 87 

to give statement of grades to applicants for certificates ; when 49 86 

to keep register of certificates issued 49 86 

may appoint overseers for examinations 47 83 

report of examinations to be made to 48 84 

to issue certificates to certain graduates 51 89 

may issue emergency certificates 54 94 

to issue high school certificates, when 51 90 

to issue certificates in special subjects, when 53 92 

to issue state life certificate, when 54 93 

to appoint institute instructors 58 107 

list of persons enrolled in county institute to be sent to 59 110 

statement of institute expenses to be sent to 59 110 

to prescribe reading circle courses 59 112 

to provide for examination in reading circle courses 59 112 

to issue certificates of proficiency in reading circle courses... 59 112 

to issue requisition for county superintendent's salary 62 120 

county superintendent to make report to 63 123 

qualification of ; term of 63 124 

salary of Note 64 124 

expenses of ; how provided for 63 124 

residence of 64 125 

shall provide a seal 64 125 

to sign requisition on auditor for what 64 125 

duties of 64 126 

report of ; to include what 64 127 

to give interpretation of the school law 65 128 

to prepare and publish list of books suitable for school libraries 65 129 

to be member of state board of education 65 130 

to appoint five members of state board of education 65 130 

auditor to make report to concerning condition of school fund 72 151 

State Tax Commissioner shall prepare certain forms and instruc- 
tions 22 26 

Statement : 

of special levy for bonds to be printed on ticket. 19 22 

of settlement with sheriff posted by secretary ; where, when . . 33 46 

truant officer's 42 77 

of grades issued to applicants for certificates, when 49 86 

of institute expenses 59 110 

Statement of Fiscal Affairs : 

to set forth what (a, b, c) 16 21 

copy of to be published 16 21c 

allowance to be made in for delinquent taxes 17 21-c 



Index. 15^ 

statement of Fiscal Affairs — Continued. Page. Sec. 
to state separately value of personal property, real estate and 

property assessed by B. of P. W 17 21c 

forms and instructions for to be prepared by state tax 

commissioner 22 26 

Statistical report of secretary 35 51 

Sub-Districts : 

creation of 9 2 

present, to remain until changed by law 9 2 

change in boundaries and number of 1.3 11 

may be abolished, when ^9 68 

Sub-District Teachers' Fund, how provided for 24 29 

Sub-Division of district 9 2 

Subjects, teachers to be examined in what 49 S7 

for primary certificates 53 92 

Subjects Taught : 

in ungraded schools 46 78 

in graded and high schools 46 78 

Sum due from general school fund to be deducted from what 17 21c 

Summary of Enumeration (See Enumeration.) 
Summary, Teacher's Monthly (See Report.) 
Superintendent : 

State (See State Superintendent.) 
County (See County Superintendent.) 
District (Sec District Supervision.) 

to report to truant officers 42 75 

Supervision : 

district 81 163' 

general ; constitutional provision 5 

county ; constitutional provision Q 

and control of trustees 39 65 

state superintendent charged with 64 126 

Supplementary Fund : 

to be deposited with treasurer of board 17 21c 

to be deducted from general school fund 17 21c 

not to exceed $90,000 1" 21c 

to be divided between building and teachers' funds, how 17 21c 

to be used when and for what purpose 17 21-c 

balance from if any to revert to general school fund 17 21c 

to be deducted from the general school fund 31 40 

Supplies, trustees may purchase 38 61 

Support of Free Schools, constitutional provision 7 

Suspension of pupils 55 97 

Sweeping school house 38 61 

System of Free Schools to be provided by Legislature 5 

Tally sheets, etc., for special elections, furnished by secretary.... 20 2.3 
Tampering with examination questions and manuscripts ; penalty 

for 54 95 

Tax: 

capitation ; constitutional provision 4 

direct annual for interest on bonds 30 39 

Taxes : 

county, constitutional provision 5 

delinquent 32 44 

amount of levied to be extended on property boolJS 34 49 

(See also Levies.) 

Taxable Property ; aggregate of to be set forth 17 21f- 

Tax Commissioner to prepare forms and instructions 22 26 

Teachers : 

may be dismissed and school discontinued, when 15 17 

number of to be employed to be determined, when 23 28 



158 Index. 

Teachers— Continued. Page. Sec. 

kindergarten, qualifications for. 29 34 

to distribute and have control of free text-books 29 36 

to collect text-books and return to secretary 29 36 

appointment of 36 56 

' must hold certificate 36 56 

must present certificate to trustees 36 57 

must file certificate with secretary 36 57 

must have certificate endorsed by secretary 36 57 

may be removed for what 37 58 

shall not receive salary, when 3'7 5S 

to report what to truant officers 42 75 

to give instruction in what subjects 46 78 

to follow course of study prescribed in manual 46 79 

to be examined in what subjects 47 82 

exempt from certain duties 56 97% 

to keep daily registers and make monthly reports 56 98 

to keep term registers 56 98 

to include what in registers and reports 56 98 

payment of 56 99 

to return term report to secretary 56 100 

to take and report enumeration 56 101 

to receive credit for attending district institute 59 111 

to be encouraged to form reading circles 59 112 

not to act as agent 79 156 

colored ; normal training for 87 188 

in state schools, how employed Appendix A 105 18 

Teacher's Authority : 

to have control of children, how long 55 97 

may exclude whom from school 55 97 

action of may be reviewed by trustees 55 97 

Teachers' Certificates (See Certificates.) 

Teachers' Fund : 

levy for 17 21c 

maximum rate of levy for 17 21c 

the sub-district 24 29 

tuition fees to be credited to 40 69 

may be supplemented (see supplementary fund.) 

Teachers' Institutes : 

county (see institutes, county.) 
district (see institutes, district.) 

Teachers' S'alaries (See Salary of Teachers.) 

Teaching, county superintendent may engage in, when 61 118 

Term, the school : 

length of 17 

extension of 23 

Term of Office : 

to be prescribed by legislature : constitutional provision 3 

of board of education 9 

of trustees 35 

of county superintendent 60 

of state superintendent 63 

Term reports and registers 56 

to be returned to secretary 56 

Text-Books : 

old law still in force 82 

state book commission created 73 

appointment of members of state book commission 73 

compensation of members of state book commission 73 

oath of oflice of members of state book commission 73 

contracts for books from July 1, 1911, to July 1, 1912.... 74 

meetings of state school book commission 74 



21c 


27 


3 


53 


113 


124 


98 


100 


165 


155 a I 


155 a I 


155 a I 


155 a I 


155 a II 


155 a III 



Index. 159 

Text-books — Continued. 1'agb. Sec. 

samples to be submitted .' 74 155 a III 

bids and proposals 74 155 a III 

adoption of books 75 155 a IV 

change in books 75 155 a IV 

contracts to be executed 75 155 a IV 

bond by contractors 76 155 a V 

prices of books to patrons 76 155 a VI 

county superintendent to be notified 76 155 a VI 

supply of books placed by contractors 77 155 a VII 

exchange of books 77 155 a VII 

violation of book contracts by teacher 77 155 a VII 

certain boards may choose books for their districts 77 155 a VII 

no discrimination in prices in other states 77 155 a VIII 

lists of adopted books to be sent to county superintendents 

by contractors 77 155 a IX 

use of unauthorized books, to whom reported, penalty 78 155 a X 

state of West Virginia not liable to terms of contracts 78 155 a XI 

appropriation for expenses of. state book commission 78 155 a XII 

members of book commission not to accept gift, penalty... 79 155 a XIII 

Tickets for special election 20 23 

Tie in Vote : 

for members of boa rd 10 4 

for county superintendent 60 114 

Time and Place : 

of holding examinations 47 81 

of holding county institutes 58 105 

Title to school property vested in board 11 8 

Title to joint school buildings 15 18 

Transfer of Pupils : 

provision for 39 66 , 

expense of to be divided 39 67 

Transfer from state fund to general school fund, when 31 40 

Transmission of questions and manuscripts. 48 85 

Transportation of Pupils (See Conveyance of Pupils.) 

Treasurer for special debt levy to keep account separately 21 24 

Truancy (see compulsory attendance.) 

Truant Officer : 

shall be appointed, when 41 73 ; 

to enJ'orce provisions of compulsory law 41 73 

shall use due diligence to ascertain violation of law 41 IS 

to give written notice to parent or guardian, when 41 73 

to make complaint against parent or guardian, when 41 73 

not required to give notice in subsequent offences 41 73 

teachers, principals and superintendents to report to 42 75 

shall render itemized statement to secretary and sheriff. ... 42 76 

compensation of ; how paid 42 77 

Trustees : 

may not transcend or diminisli salaries 23 28 

may appoint librarian for school library 30 38 

board shall appoint, when 35 53 

term of office 35 53 

to be notified of appointment immediately 35 53 

to take oath, when 35 53 

no one of may transact business by himself 35 53% 

quorum 35 53% 

meetings 3'5 53 % 

shall keep a record of their acts 35 53% 

may be removed from office ; how, by whom 36 54 

vacancy in office of, how filled 36 55 

shall appoint teachers ; when 36 56 

shall make contract with teachers ; how 36 56 



160 Index. 

Trustees — Continued. Page. Sec. 

teachers' certificates to be presented to 36 56 

shall not appoint certain persons 37 58 

shall visit schools, when ' 37 60 

shall do what when visiting schools 37 60 

shall cause school house to be kept in order 38 61 

may purchase what 38 61 

shall have house swept and fires built 38 61 

may allow school houses used for what 38 62 

to prescribe regulations for use of houses 38 62 

to furnish estimates of improvements and repairs to board. . . 38 63 

to make report to board showing what 38 63 

shall keep itemized account of expenses 38 64 

shall file expense account with secretary ; when 38 64 

under supervision of board 39 65 

actions of subject to revision of board 39 65 

shall transfer pupils, when 39 66 

may review action of teacher, when 55 97 

may expel pupils, when 55 97 

not to be interested in contracts ; penalty 80 158 

Tuition : 

high school, to be paid when 27 30-a 

to be paid by whom 40 69 

to be paid to whom 40 69 

not to exceed what 40 69 

to be credited to teacher's fund 40 69 

Union Schools (see joint schools.) 

University, the West Virginia 82 

Unlawful expenditures by board ; penalty for 22 25 

Unlawful possession of examination questions 55 95 

Use of school houses may be granted ; for wnat purposes 38 62 

Vacancy : 

in office of trustee ; how filled 36 55 

in office of county superintendent 61 116 

Vacancy in Board of Education : 

to be filled how 10 5 

to be declared, when 22 25 

Validity : 

of elementary certificates 49 87 

of short course certificates 51 88 

of normal school certificates 51 89 

of high school certificates 52 90 

of supervisors certificates 53 91 

of special certificates 53 92 

of state life certificates 54 93 

of emergency certificates 54 94 

Value and kind of apparatus to be reported by trustees 38 63 

Valuation of Property : 

estimate of 1'^ 21c 

board to levy upon 17 21c 

assessor's certificate of ; to secretary, to county superintendent 34 48 

Verification of enumeration by affidavit 57 102 

Violation of law by school officers ; penalty for 22 25 

Violation of compulsory school law 41 72 

of child labor law Appendix A 111 3 

Visits to schools by trustees 37 60 

to state institution by members state board of control. .App A 98 8 

Visitation of schools, county superintendents 62 121 

Volumes in library ; number of to be reported by trustees 38 63 

Vote : 

for members of board ; tie in 10 4 

on levy 16 20 



Index. 161 

Vote — Continued. • Page. Sec. 

on additional levy for current expenses 19 22 

on addition levy to pay interest on bonds 19 22 

on question of longer .term 23 2\ 

on district high school 25 30 

must be had on question of bond issue 30 39 

for county superintendent ; tie in 60 114 

Vouchers and orders, sheriff's (see sheriff.) 

Warranty deed to be secured by board 11 8 

West Virginia Collegiate Institute : 

act creating, etc 88 204 

graduates of to receive certificates, when 51 88 & 89 

West Virginia Industrial School for Boys 92 

West Virginia Industrial Home for Girls 92 

West Virginia Schools for the Deaf and the Blind 92 

West Virginia University 82 

graduates of to receive certificates, when 52 90 

Preparatory Branch of at Montgomery 87 

Preparatory Branch of at Keyser 88 

White and Colored Pupils : 

constitutional provision 8 

statutory provision 40 70 

Year, the school (see school year.) 

Youth : 

enumeration of (see Enumeration.) 

colored 40 70 



%; 



'h. 



it ; (! 






LIBRARY OF CONGRESS 



019 748 528 









